CAS-09_CARLSON, GARY AND MAUREENPlanning Commission Meeting —March 15, 2005
do, so I've made, taken out permits. I've had two building inspectors and a fire inspector. All
my apartments are licensed. Meet building codes and this addition was put on with you know
full plans they looked at.
Slagle: Sure, I'm with you but let me ask you this. Are you okay with making the lower
dwelling an integral part of the house?
Gary Carlson: The 6 conditions are.
Slagle: It's on page 5. The reason I'm asking Mr. Carlson is because, because I think if I sense
there's an agreement, we probably could speed this up a bit.
Gary Carlson: Sure. If possible, a couple of the conditions are interesting because see again,
planning and zoning through, or through the planning department is doing this variance. It's
separate from the building inspection which they have certain concerns and that's where the
recommendations, the 5 or 6. The conditions apply. Now some of them are, I was going to
quickly go through them, if you want me to. Lower, let's look at that plan of the building again.
I mean, and the staff knows I've worked with them all that I can. I'm trying to stay within the
building codes, within the zones but you know, I only have...
Slagle: Let me be more specific.
Gary Carlson: It's hard to put the basement, like the basement for instance into an integral part
of the home. If I were to open the basement into the rest of the home, it would open into my
other apartment. So why would the other apartment want to go into this basement under Molly?
The only other way to make it an integral part of the house is to drop a door out of Molly's
addition. Molly's, it's just a basement under Molly's addition. It's very easy to take a stove out
of it so we can do that. This was built in ... lived in that for a couple of years because I was able
to keep him at home, so I had my dad, had my daughter and above her an aide. Every one of you
folks should be very fortunate to be able to have a building like I have to be able to take care of
your in-laws and out -laws and so forth. It's something that's worked out since 90, since the
building was completed. The only thing we're trying to do here, and I just bring it a little closer
to, the city can't you know it's hard for them, the staff to work with this one, I'm out of lot
variance. I'm out of code, so I brought a lot of the building parts up to code and because a
couple other points here. You know I've already, when I took out the permit for finishing the
basement they came out and approved a final but then they printed, it's called printing. It's on
my paperwork. They print the permit but not issued. So you have a permit. You pay for it. You
can go and do the work but they are still concerned whether they're actually going to issue it. So
the building department said no, we can't issue it because you're out of code with the RSI. You
know you've got a 2 family dwelling here so we can't issue a building permit for you to build it
when you're not even in so, and we go back to the process of what we're doing tonight is get it
closer to code. But that's.
Sacchet: Yeah, I think Commissioner Slagle had a very good, Mr. Carlson.
Gary Carlson: Most of these conditions.
9
1
Planning Commission Meeting — March 15, 2005
Sacchet: Yeah, that's very important. How do you feel about, like the first one. To eliminate
the separateness of the lower level.
Gary Carlson: Yeah, we could take out a stove. That's something that we can do.
Slagle: Okay, we've got that.
Gary Carlson: Okay the next one. That's perfectly fine, number 2. Number 3, those are pretty
much, will have to go over the building inspection but mine all show they're not final on all.
Now if they, the proposed, the number for the proposed building must be constructed in
accordance with the Minnesota State Building Code.
Slagle: I'm sure that's okay then. Staff?
Gary Carlson: I'm sure of that because I built it according to most codes...
Metzer: Steve in the building department will work with him on that.
Gary Carlson: I mean if they rezone me, reclassify me as an apartment building.
Sacchet: Well we're not doing that.
Gary Carlson: There's some more codes there.
Sacchet: We're not doing that Mr. Carlson. Don't worry about that.
Gary Carlson: The rental license I already have, and I'll be glad to just add this unit that's above
Molly to the license and when they come out for their annual review. Now they have an annual
review of apartment licenses and they've already been through and look at but they can certainly
come and look at it again. The applicant, property owner must obtain permits for accessory
structures constructed without, I'm not, I guess I can throw that up as something here. And
being on a farm, there's 8 of them illustrated on there now. There's one more right ... that's a
play house for my grand daughter. There's a structure there that has the hay in it.
Slagle: I just want to know who put point 6.
Gary Carlson: ...there's another construction there...
Lillehaug: Mr. Carlson, I have a real specific question and hopefully.
Gary Carlson: I hope I'm not, I'm not making light of this but it is a farm and I have structures
coming down, going up. As soon as that hay one blows down, it won't go back up.
Lillehaug: I need to understand.
39
�• Lause. If within one (1) year of the issuance of this variance the allowed
lion has not been substantially completed, this variance shall lapse.
Dated: March 15, 2005
(SEAL)
STATE OFI•IINNFSOTA )
COUNTY OF CARVER ss
C'TY OF CHANHASSEN
M
A. Furlong,
Gerhardt, City Manager
The foregoing instrument was acknowledged before me this a4vday of
2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Man
a Minnesota municipal corporation, on ager, of the City of Chanhassen,
behalf of the corporation and pursuant to authority granted
by its City Council.
DRAFTEDBY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
V3 KAREN J. ENGELHA"T
Notary Public-Mlnneaota
VV My C)mmiaelon Expires Jan 31, 2010
9*nn�2005 planning caus\05-09 carlson vMance4xordiug document.doc
2
a
Document No.
ru411279
WAi
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee $ 19 50 Check# 140
Certified Recorded on 04-06-2005 at
2005-04-06
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MMNESOTA
VARIANCE 05-09
01:30 ed
M
Carl Wr.
Count
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following variance:
The Planning Commission approves the variance for the use of a single-family
dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at
3891 West Wd Street based on the findings of fact in the staff report with
conditions.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
Lot 6, Schmid's Acre Tracts, 3891 West 62nd Street
3. Conditions. The variance approval is subject to the following conditions:
The lower level dwelling unit must be eliminated or made an integral part of
the home.
2. The upper level dwelling unit shall not be rented to a non -family member
other than a live-in personal care attendant.
3. All outstanding permits that have been obtained for improvements to the
property must receive final inspection approval prior to occupancy of the
additional unit.
4. The proposed dwelling unit must be constructed in accordance with
Minnesota State Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City Code.
6. The applicant/property owner must obtain permits for accessory structures
constructed without the required permits.
Carlson Variance
Planning Case 1105-09
March 15, 2005
Page 2
SUMMARY OF PROPOSAL
The applicant is requesting an after -the -fact variance for use of a single-family dwelling as a two-family
dwelling in Single -Family Residential (RSF) District. The site is located north of Highway 7 and west of
Church Road at 3891 West Wd Street. Access to the site is gained via West 62"d Street.
APPLICABLE REGUATIONS
Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling.
A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be
allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial hardship.
(2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of
one driveway and one main entry.
(3) Separate utility services are not established (e.g. gas, water, sewer, etc.).
(4) The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping with
the spirit and intent of this chapter.
Dwelling unit means one or more rooms which are connected together as a single unit constituting
complete, separate and independent living quarters for one or more persons, physically separated from
any other room or dwelling unit which may be in the same building and containing permanent cooking,
eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household.
BACKGROUND
In 1988 the City of Chanhassen wrote a letter to Gary Carlson acknowledging that he had been renting a
portion of his home since 1982. As a result of grandfathering, the two rental units on the south end of
the home, existing in 1988, were and still are considered legal non -conforming. A legal non -conforming
use is defined as a use of land that does not comply with the requirements of Chapter 20, but which did
comply with applicable ordinance requirements at the time the use was established.
Permits to construct an addition on the north end of the home were obtained in 1996 & 1997 and were
given final permit approval in 1999. This addition consisted of three levels; lower, main, and upper
floors. At the time of final inspection in 1999, the upper and lower levels were unfinished; therefore, the
City could not determine that two additional dwelling units were being established. Subsequently, both
levels were finished with separate cooking, eating, sleeping and sanitary facilities distinguishing them as
separate dwelling units. The improvements made after 1999 were done without permits.
A January 28, 2003 inspection of the subject property found that the lower level dwelling unit was
vacant. This inspection also revealed that the home has five separate kitchen facilities in five separate
dwelling units. The applicant occupies one dwelling unit. One of the applicant's daughters occupies the
upper level of the new addition. The applicant stated the lower level of the new addition is unoccupied.
This lower level of the addition is completely separate from the rest of the home. It has its own
entryway and cannot access the rest of the house from inside. The two other dwelling units are those
which have a legal non -conforming status.
Chomas J. Campbell
Koger N. Knutson
Chomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl'
John F. Kelly
Soren M. Mattick
Henry A. Schaeffer, III
Marguerite M. McCarron
Gina M. Brandt
• Also Licensed in Wisconsin
1380 Corporate Center Curve
Suite 317 • Fagan, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-law.com
CAMPBELL KNUTSON
Professional Association
May 11, 2005
GFIVED
Ms. Kim Meuwissen MAY 13 2005
City of Chanhassen GITY OF CHANHASSEN
7700 Market Boulevard
P. O. Box 147
Chanhassen, Minnesota 55317
Re: Chanhassen — Miscellaneous Recording
Dear Kim:
Enclosed herewith for your files are the following recorded documents:
1. Variance No. 04-39 recorded with the Carver County Recorder on
April 11, 2005, as Document No. A 411622;
2. Variance No. 05-09 recorded on April 6, 2005, as Document No. A
411279; and
3. Wetland Alteration Permit #2005-7, recorded April 6, 2005, as
Document No. A 411278.
If you have any questions regarding the above, please give me a call.
cjh
Enclosure
Very truly yours,
CAMPBELL KNUTSON
Pr onM
By:
Legal Assistant
SCANNED
• 10
Document No. OFFICE OF THE
A 411279 COUNTY RECORDER
IIIIIIIIIIIIIIIIII�IIIIIIIIII�IIIIIIIIII CARVER COUNTY, ecnk# NE40 1A
Certified Recorded on 04-06-2005 at 0130 ❑AtOM
2005-04-06 III
IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII� County n er r.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, NUNNFSOTA
VARIANCE 05-09
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following variance:
The Planning Commission approves the variance for the use of a single-family
dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at
3891 West 62nd Street based on the findings of fact in the staff report with
conditions.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
Lot 6, Schmid's Acre Tracts, 3891 West 62°d Street
3. Conditions. The variance approval is subject to the following conditions:
1. The lower level dwelling unit must be eliminated or made an integral part of
the home.
2. The upper level dwelling unit shall not be rented to a non -family member
other than a live-in personal care attendant.
3. All outstanding permits that have been obtained for improvements to the
property must receive final inspection approval prior to occupancy of the
additional unit.
4. The proposed dwelling unit must be constructed in accordance with
Minnesota State Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City Code.
6. The applicant/property owner must obtain permits for accessory structures
constructed without the required permits.
4. Lapse. If within one (1) year of the issuance of this variance the allowed
construction has not been substantially completed, this variance shall lapse.
Dated: March 15, 2005
(SEAL)
STATE OF MINNESOTA
(ss
COUNTY OF CARVER
CITY OF CHANHASSEN
A. Furlong,
1W \
Gerhardt, City Manager
The foregoing instrument was acknowledged before me this eday of
2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
�' ` 1)�KI
AREN J. ENGELHARDT
Notary Public-MinnesotaMy ConaNealon EXPWW Jan 31,201
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
gAplan\2005 planning cases105-09 Carlson varimmVecording docum t.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for
use of a single-family dwelling as a two-family dwelling in a Single -Family
Residential (RSF) District — Planning Case No. 05-09.
On March 15, 2005, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Gary & Maureen Carlson for an after -the -fact Variance to
allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential
(RSF) District. The Planning Commission conducted a public hearing on the proposed variance
that was preceded by published and mailed notice. The Planning Commission heard testimony
from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential — Low Density (Net
Density Range 1.2 — 4u/Acre).
3. The legal description of the property is: Lot 6, Schmid's Acre Tracts.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall
not grant a variance unless they find the following facts:
a. There is a demonstrated need based upon disability, age or financial.
b. The dwelling has the exterior appearance of a single-family dwelling, including
the maintenance of one driveway and one main entry.
c. Separate utility services are not established (e.g. gas, water, sewer, etc.).
d. The variance will not be injurious to or adversely affect the health, safety or
welfare of the residents of the city or the neighborhood where the property is
situated and will be in keeping with the spirit and intent of this chapter.
5. The planning report #05-09 Variance dated March 15, 2005, prepared by Josh Metzer,
et al, is incorporated herein.
SCANNED
ACTION
The Chanhassen Planning Commission approves the Variance to allow for use of a single-
family dwelling as a two-family dwelling in Single -Family Residential (RSF) District.
ADOPTED by the Chanhassen Planning Commission on this 15t6 day of March, 2005.
CHANHASSEN PLANNING COMMISSION
BY: ��
Planning Commission Chairperson
g:\plan\2005 planning case5\05-09 carlson variance\ftndings of fact.doc
CITY OF CHANHASSEN
7700 MARKET BLVD
CHANHASSEN
Payee: GARY CARLSON
Date: 04/15/2005
Receipt Number: DW
Clerk: DANIELLE
GIS 05-09
ITEM REFERENCE
--------------------
GIS GIS 05-09
GIS LIST
Total:
Check 15721
•
MN 55317
Time: 2:17pm
/ 6049
AMOUNT
------------------
54.00
---------------
54.00
54.00
---------------
Change: 0.00
THANK YOU FOR YOUR PAYMENT!
•
SCANNED
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
qff OF (952) 227-1100
CHMM
To: Gary & Maureen Carlson
3891 West 62nd Street
Excelsior, MN 55331
Invoice
SALESPERSON
DATE
Nll."- r,
TERMS
KTM
3/3/05
"'E TLL fi i
upon receipt
QUANTITY
DESCRIPTION
UNIT PRICE
AMOUNT
18
Property Owners List within 500' of 3891 West 62nd Street '(18labels)
$3.00
$54.00
('s
�
mpq
'"
OTAL DUE
$54.00
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Planning Case #05-09.
If y ve questions concerning this invoice, call: (952)-227-1107.
`3
THANK YOU FOR YOUR BUSINESS!
gAplan\2005 planning cases\05-09 Carlson variance\05-09 invoice-gisAm
SCANNED
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
CM OF (952) 227-1100
To: Gary & Maureen Carlson
3891 West 60d Street
Excelsior, MN 55331
Ship To:
Invoice
SALESPERSON I DATE TERMS
KTM 3/3/05 upon receipt
QUANTITY
DESCRIPTION
UNIT PRICE
AMOUNT
18
Property Owners List within 500' of 3891 West 62n° Street (18 labels)
$3.00
$54.00
sa
3a
TOTAL DUE
$54.00
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Planning Case #05-09.
If you have any questions concerning this invoice, call: (952)-227-1107.
THANK YOU FOR YOUR BUSINESS!
gAplan\2005 planning cases\05-09 =Lson varimm\05-09 invoice-gisAm
`AL City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
MyOF (952) 227-1100
SER
To: Gary & Maureen Carlson
3891 West 62nd Street
Excelsior, MN 55331
Ship To:
Invoice
SALESPERSON DATE TERMS
KTM 3/3/05 upon receipt
QUANTITY
DESCRIPTION
UNIT PRICE
AMOUNT
18
Property Owners List within 500' of 3891 West 62nd Street (18 labels)
$3.00
$54.00
TOTAL DUE
$54.00
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Planning Case #05-09.
If you have any questions concerning this invoice, call: (952)-227-1107.
THANK YOU FOR YOUR BUSINESS!
gAplan\2005 planning cases\05-09 carison variance\05-09 invoice-gisAm
Public Hearing Notification Area (500 feet)
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd St. W. 62nd St.
Subject Property f
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JEFFREY R BERGE &
DENISE E ZOELLMER
3856 MEADOW LN
EXCELSIOR MN 55331
GARY CARLSON
3891 62ND ST W
EXCELSIOR MN
LAUREANA VOUNG BOUALOUANG
3884 MEADOW LN
EXCELSIOR MN 55331
MEGAN J CARLSON
C/O GARY & MAUREEN CARLSON
55331 3891 62ND ST W
EXCELSIOR MN 55331
DAVID C & LISA A GAUPP
3870 MEADOW LN
EXCELSIOR MN 55331
MARK F MACPHERSON
6301 CARTWAY LN
EXCELSIOR MN 55331
RALPH A & SHIRLEY A NELSON
3800 MEADOW LN
EXCELSIOR MN 55331
JEFFREY F JEWISON &
LISA J WECKWERTH
3842 MEADOW CT
EXCELSIOR MN 55331
WILLIAM J & KART L MCREAVY
3790 MEADOW LN
EXCELSIOR MN 55331
ROBIN S O'MEARA
3814 MEADOW CT
EXCELSIOR MN 55331
BRIAN R CARLSON
3828 MEADOW CT
EXCELSIOR MN 55331
DALE H COLLINS
10758 130TH ST
EXCELSIOR MN 55331
DALE E & LINDA J KEEHL
3841 62ND ST W
EXCELSIOR MN 55331
PATRICK L & BONNIE C MONAHAN
3801 MEADOW LN
EXCELSIOR MN 55331
KATHY A SCHURDEVIN
3921 ASTER TRL
EXCELSIOR MN 55331
CITY OF SHOREWOOD PETER ALEXANDER THOMSON & TERRANCE LANE TOLL
5755 COUNTRY CLUB RD CYNTHIA L GESS 6250 CARTWAY LN
EXCELSIOR MN 55331 4001 ASTER TRL EXCELSIOR MN 55331
EXCELSIOR MN 55331
CITY OF
CHONSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227, 1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227,1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park 6 Recreation
Phone: 952.227.1120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax 952.227.1404
Planning It
Natural Resources
Phone:952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax:952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.d.chanhassennn.us
March 21, 2005
Gary & Maureen Carlson
3891 West 62nd Street
Excelsior, MN 55331
Re: Variance, 3891 West 62nd Street —Planning Case #05-09
Dear Mr. & Mrs. Carlson:
This letter is to formally notify you that on March 15, 2005, the Chanhassen
Planning Commission approved the following:
A variance for the use of a single-family dwelling as a two-family dwelling in a
Single -Family Residential (RSF) District at 3891 West 62nd Street based on the
findings of fact in the staff report with the following conditions:
The lower level dwelling unit must be eliminated or made an integral part
of the home.
2. The upper level dwelling unit shall not be rented to a non -family member
other than a live-in personal care attendant.
3. All outstanding permits that have been obtained for improvements to the
property must receive final inspection approval prior to occupancy of the
additional unit.
4. The proposed dwelling unit must be constructed in accordance with
Minnesota State Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City
Code.
6. The applicant/property owner must obtain permits for accessory structures
constructed without the required permits.
If you have any questions or need additional information, please contact me at
952-227-1132 or by email at imetzer@ci.chanhassen.mn.us.
Sincerely,
Is
h Metzer
anner I
gAplan12005 planning c m\05-09 Carlson variaaceUerter of approval.doc
SCANNED.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
I
1J
O5-0�
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
3/30/05
Debbie
Document
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
12/13/04
04-39
Variance 04-39 Wilder
1
1217/04
04-42
Variance 04-42 Berland
1
1/24/05
05-03
Conditional Use Permit 05-03 Wal reens
1
2/28/05
05-07
Wetland Alteration Permit 05-07 Carver County)
1
3/15/05
05-09
Variance 05-09 Carlson
1
3/28/05
Grant of Nonexclusive Permanent Easement (Sinclair Oil
Corporation)
THESE ARE TRANSMITTED as checked below:
❑
For approval
®
For your use
❑
As requested
❑
For review and comment
❑
FORBIDS DUE
REMARKS
COPY TO:
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
® For Recording
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
SIGNED:
Kim Meu ' sen, 2)227-1107
N enclosures are not as noted, kindly notify us of once.
SCANNED
L
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNFSOTA
VARIANCE 05-09
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following variance:
The Planning Commission approves the variance for the use of a single-family
dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at
3891 West 62°d Street based on the findings of fact in the staff report with
conditions.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
Lot 6, Schmid's Acre Tracts, 3891 West 62°d Street
3. Conditions. The variance approval is subject to the following conditions:
1. The lower level dwelling unit must be eliminated or made an integral part of
the home.
2. The upper level dwelling unit shall not be rented to a non -family member
other than a live-in personal care attendant.
3. All outstanding permits that have been obtained for improvements to the
property must receive final inspection approval prior to occupancy of the
additional unit.
4. The proposed dwelling unit must be constructed in accordance with
Minnesota State Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City Code.
6. The applicant/property owner must obtain permits for accessory structures
constructed without the required permits.
0
4. Lapse. If within one (1) year of the issuance of this variance the allowed
construction has not been substantially completed, this variance shall lapse.
Dated: March 15, 2005
(SEAL)
STATE OF MINNESOTA
(ss
COUNTY OF CARVER
CITY OF CHANHASSEN
M
A. Furlong,
Gerhardt, City Manager
The foregoing instrument was acknowledged before me this 4uday of
2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
KAREN J. ENGELHARDT
'Notary Public -Minnesota
My com ftmw Et Iran Jan 31, 2010
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
9:\Plan\2005 planning cases\05-09 Carlson varimce4ecording dmum tdm
• r l,s-0'1
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING Laurie A. Hartmann, being y dut sworn, on oath says that she is the publisher or the authorized
PLANNING CASE NO. 05-09 y
NOTICE IS HEREBY GIVEN that agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
the Chanhassen Planning lager and has full knowledge of the facts herein stated as follows:
Commission will hold a public
hearing on Tuesday, March 15, 2005. (A) These newspapers have complied with the requirements constituting qualification as a legal
at 7:00 p.m. in the Council Chambers newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
in Chanhassen City Hall, 7700 Market amended.
Blvd. The purpose of this hearing is
to consider a request for an after -the- (/ n
factvariancetoagowforuseofa single- (B) The printed public notice that is attached to this Affidavit and identified as No. /
family dwelling as a two-family was published on the date or dates and in the newspaper stated in the attached Notice and said
dwelling in Single -Family Residential Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
(RSF) District located at 3891 West 82- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
Street Applicant: Gary and Maureen inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Carlson. and publication of the Notice:
A plan showing the location of the
proposal is available for public review abcdefghijklmnopgrsmvwxyz
at City Hall during regular business
hours. All interested persons are invited to attend this public hearingandexpresstheirophuonswithrespectJ"LOLto this proposal.
Josh Metzer, Laurie A. Hartmann
Planned
Email:
imetzerAci chanhassen mn us Subscribed and swom before me on
Phone: 952-227-
1132
(Published in the Chanhassen ZQ
Villager on Thursday, March 3, 2005; z
No. 4370) this �J day of �— 2005
G1NEN IA RADUQ4Z
N111W MIIC -MNMW,
kyCID i fgisJa31,@010
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch
Maximum rate allowed by law for the above matter ................................ $22.00 per column inch
Rate actually charged for the above matter ............................................... $11.18 per column inch
SCANNED
Subject Property L
Lake Min
CITY 0 CIIAMSSEN
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
www.ci.chanhassen.mn.us
This map is neither a legally recorded map nor a survey and is not imanded to be used as one.
This map is a compilation of records, informalion and data located in various city, county, state and
federal offices and other sources regarding the area shown, and is to be used for reference
purposes only. The City roes rot warrant that the Geographic Information System (GIS) Data used
to prepare this map are error free, and the City does not represent that the GIS Data can be used
for navigational, tradbng or any titer purpose requinng ewacting measurement of distance or
dimclion or famesion in the depiction of geographic features H errors or dsempanaes are found
please contact 952-227-1107. The preceding discia nia is provided pursuant to Minnesota
Statutes §466 03, Subd. 21 (2000), and the user of this map acknowledges that me City shall not
be helps for any damages, and erpresdy waives all clans, and agrees to defend. indertnily, and
hold harmless the Gty from any and all dams brought by User, its employees or agents, or third
pauses which arise out of the users access or use of data provided. 55317 q 0147
NIXIE S53 1 06 03/OS/OS
RNOUSUCHOSTREETR
UNABLE TO FORWARD
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Notice of Public Hearing 0
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, March 15 2005 at 7:00 p.m.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for an after -the -fact variance to allow for use of a
Proposal:
single-family dwelling as a two-family dwelling in Single -Family
Residential (RSF) District
Planning File:
05-09
Applicant:
Gary and Maureen Carlson
Property
3891 West 62"d Street
Location:
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
at the Meeting:
1. Staff will give an overview of the project.
2. The applicant will present plansftdject.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
theproject.
If you want to see the plans before the meeting, please stop
by City Hall during office hours, 8:00 a.m. to 4:30 p.m.,
Monday through Friday. If you wish to talk to someone about
this project, please contact Josh Metzer at 952.227-1132 or e-
Questions &
mail imetzer@ci.chanhassen.mn.us. If you choose to submit
Comments:
written comments, it is helpful to have one copy to the
department in advance of the meeting. Staff will provide
j
copies to the Commission. The staff report for this Item will
be available online at htto://206.10.76.6/weblink the
Thursday prior to the Planning Commission meeting.
4�ity Review Procedure:
PSubdivisions,
Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in waiting. Any interested party Is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial/industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson/rapresentative is encouraged tc provide a co act for the city Often developers
are encouraged to meet with, the neighborhood regarding their proposal. Ste% Is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the piblic hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
• • °5-09
Planning Commission Meeting — March 15, 2005
20. The applicant will be required to clean the existing stormwater pond after enlargements have
been completed.
21. Prior to final platting, storm sewer design data will need to be submitted for staff review.
The storm sewer will have to be designed for a 10-year, 24-hour storm event.
22. Drainage and utility easements will need to be dedicated on the final plat over the public
storm drainage system including ponds and drainage swales up to the 100-year flood level.
The minimum easement width shall be 20 feet wide.
23. Staff is recommending that a small (1'-3') retaining wall be installed along the western right-
of-way of Fox Drive south of the site. This will alleviate the steep slopes in the area and
provide room for a boulevard area in back of the curb for snow storage.
24. A minimum 20-foot wide easement will be required over the watermain that is outside of the
right-of-way.
25. The developer shall pay full park dedication fees."
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Sacchet: Motion carries 6 to none. Good luck with this. Thanks again to all the residents for
your input. This will go as a recommendation to City Council. City Council will look at it on
April I Vh. I don't know whether they will take further comments from residents or not. That's
up to their discretion, but you certainly can follow it through that way. I don't think we need to
summarize for council. I think it's pretty clear with the comments we made and amendments so
do we want to take a 5 minute recess before we continue? Let's take 5 minutes.
(The Planning Commission took a short recess at this point in the meeting.)
PUBLIC HEARING:
REQUEST FOR AN AFTER THE FACT VARIANCE TO ALLOW THE USE OF A
APPLICANT GARY AND MAUREEN CARLSON, PLANNING CASE 05-09.
Josh Metzer presented the staff report on this item.
Sacchet: Questions from staff. Jerry.
McDonald: I have a question that concerns property. Seem to remember from 2 weeks ago,
isn't there a plan that at one point this becomes one of the outlet properties to put a street through
to get up to West 62" a Street?
AI -Jaffa If at the time this property comes in for development, we will definitely research that. I
apologize, I don't have.
31
Planning Commission Meeting —March 15, 2005
McDonald: You don't understand?
A]-Jaff: No, I know exactly what you're talking about. You did review the subdivision
immediately north of Highway 7. I don't recall the exactly layout for future development of the
Carlson's property.
McDonald: Okay it was one of my, I think understanding there that that was going to be near
term development as far as that property and everything because I know we talked extensively
about those 3 lots that face onto County Lane and there was a lot of discussion about that road
and you know the fact that it would be going away at some point. I'm just trying to put this in a
fi-ame of reference. That's fine, you answered the question. The next one I've got is, and this is
a question to staff and as far as finding a variance, do we have to find for all 5 of these or is it
any one to grant. I'm on page, it looks like 6. No, page 6. It's not labeled 6... and it's actually
the only place I could find anything about what you have to demonstrate to get a variance.
Sacchet: The findings of fact?
McDonald: Findings of fact. It lists, in order to grant a variance there's 5 factors there and my
question is, do we have to find them for all 5 of them or will any one of them do to grant a
variance?
Sacchet: Basically you need them all.
Al-Jaff: You need them all.
Metzer: And I believe there's 4 of them.
Al-Jaff: Under number 4. A through D.
McDonald: Okay. Thank you.
Sacchet: Alright. Any questions from staff?
Larson: Yes.
Sacchet: Go ahead Debbie.
Larson: I read some conflicting things, and maybe this could be just clarified. It sounded like
they're trying to get 3 units but there's 5 units or 5 kitchens. Which is it? I'm confused asto
what.
Metzer: There is the main dwelling unit which the applicant occupies. There are 2 separate
rental units that have existed since before current code, which are grandfathered in.
Larson: Okay, so there's 3.
32
Planning Commission Meeting— March 15, 2005
Metzer: There's 3 there. This new addition that was made.
Larson: There's 2 more.
Metzer: There's 3 levels. The main level, the applicant's daughter occupies as part of the main
dwelling unit that the applicant occupies. The upper and lower are separate. Considered
separate. They have separate cooking, eating, sleeping, sanitary facilities.
Larson: So we have 5 units in one building? Or is it 2 buildings?
Metzer: Right, where this variance is for to allow the upper level dwelling unit of the new
addition to be granted.
Larson: Okay. So the old dwelling doesn't matter?
Metzer: Right. That's grandfathered in.
Larson: Okay, that's all I need. Yeah.
Keefe: And I just have a quick question. How do we, if we grant a variance on this, it says one
of the conditions, shall not be rented to a non -family member other than a live in. How do we, is
that enforceable in any way or what do we do?
Metzer: Well because.
Keefe: Why do we put that in?
Metzer: Part of the basis for recommending approval of this is a need for a second dwelling unit
based on disability. If the person not living in that dwelling unit, the purpose for this dwelling
unit is for the care of the applicant's daughter. If that personal care attendant isn't the one living
there, then there should be no need for the second dwelling unit.
Keefe: So we're just putting it in as if we're going to grant the ... the only way that the variance
can be approved is if...specific use. Okay.
Larson: Okay, one more question now that you've brought that up. If the property's sold, do
you have a rental property with 5 units? Amongst a neighborhood of single family houses. No?
Al -Jaffa No. The two existing rental properties, they're grandfathered in.
Larson: Correct.
AI-Jaff: Those run with the property but they won't remain in that. As far as the 3 remaining or.
Larson: The 2 remaining.
33
0
Planning Commission Meeting — March 15, 2005
AI-Jaff: The 2 remaining units, those would, for as long as the applicant is living there, and the
family members, that variance would carry. If they're not the ones in those units then.
Larson: Does it revert back then or how does it?
Keefe: The variance expires or how does that?
Al-Jaff: ...technically it would expire.
Keefe: Okay.
Larson: So then the new people wouldn't be able to go in and rent that out, you know say hey.
I'm buying a duplex here and I can live in half and rent out the other half, or whatever. So it can
only.
Al-Jaff: We're talking about the new units?
Larson: Correct. The 2. The upstairs/downstairs, right?
Al-Jaff: The upstairs/downstairs. Well they will no longer be rental. They will be rental as far
as the family member that's the care giver.
Larson: Right, I understand that.
Al-Jaff: Specifically for that purpose. If that is no longer, let's assume that they choose to move
or sell.
Larson: Right.
Sacchet: Then it doesn't apply.
AI-Jaff: They lose that.
Larson: Alright.
Sacchet: Well technically.
Larson: So parents and child could still live separately in a house.
Keefe: This is, I'm knowledgeable in regards to some of these things. Why wouldn't we go,
what's the difference between a variance in this case and a conditional use permit? In regards to
that. Why wouldn't we grant a conditional use on something like that? Because that is we can
stipulate time frames better on conditional use, could we not?
Sacchet: Or the conditions of the use, yeah.
34
i
Planning Commission Meeting — March 15, 2005
Keefe: I'm curious to know, or does it matter? Just gone with the variance in this.
Al -Jaffa It's always been done through the variance process and it's something that we could
investigate should you direct us to.
Sacchet: Okay. Any comments Steve from your end?
Lillehaug: Yes. Do you have a map of the site that you can put up and actually point to where
the, where all the units are. I mean are the 3 in the main.
Metzer: Maybe Gary you should help me with this.
Lillehaug: And I can ask the applicant too. Is it the separate building to the west where those
two?
Metzer: The new addition is this area here. And...
Sacchet: We can ask the applicant.
Lillehaug: No other questions.
Sacchet: Just to be really clear, because it was a little confusing to me. I think I do understand
but I want to make real sure. Currently there are 5 units on this property. Two I would think are
in a separate building the way I understand it, that are the grandfathered in, that can be rented
because they have been renting and that's the way it was before we came up with our zoning
framework. Then we have the main building, which was one unit so far. It was expanded and
now it's technically considered 3 units. We're saying that we're granting potentially what's in
front of us to make recommendation about or a decision in this case, that we would allow 2 units,
one for the caretaker. The other one for the family. What happens with the third one?
Metzer: It would have to either be made, as it is right now, as far as what we have for
information at the city, is it's completely separated. You cannot access the main dwelling unit
from inside. It has a separate entrance. Separate cooking facilities. So it either has to be totally
taken out or it has to be made, in the staff report it says integral part of the main.
Sacchet: Define integral part. Put a door in?
Metzer: It would have to use the same main entrance. I believe the cooking facilities would
have to be removed.
Sacchet: So there would have to be some removal not, just making a door connection would not
be enough.
Metzer: Right.
35
Planning Commission Meeting — March 15, 2005
Sacchet: And there has been discussion between city staff and the applicant to understand what
that means?
Metzer: The building official.
Sacchet: We can address the applicant about that too, thank you. That's my only question.
With that, I'd like to invite the applicant to come forward and tell us what you want to tell us
about this.
Gary Carlson: Good evening fellow citizens and members of the Planning Commission. My
name is Gary Carlson and I live in the main section of the residence at 3891 West 62°d Street.
It's, I can go into a really long detail or I can keep it.
Sacchet: We'll take the condensed version, if you don't grind.
Gary Carlson: There's no other property like this in the seven county area until you go into the
City of Minneapolis. We got zoned into an RI district and it should remain an RI, and the city
basically has it's zoning ordinances to work with. I've been on this hobby farm for the last 30
plus years. It was the original Cathcart home and so it has some things in it that would never be
allowed in the Rl district. It does have some things that are different than a normal residential
lot because we're on about 4 acres. And I'm in the comer of the city. I have 2 neighbors and I
don't think they're here tonight. And you know the city doesn't have any letters of any
complaints of my residence being there all these years. An addition was started in '96. You
know I took out permits and actually as we got into the addition, my daughter's here tonight, the
one who we put the addition on for. Why didn't the attendant just live in one of my other
apartments? Good question. That was probably never even brought up but you've got to start
there because I already had apartments in this building. She needed an expanded one level, we
changed the dimensions of her bathroom, even during construction. And she can't have any
stairways out. I mean I'll bring that up later and that will show why couldn't connect her room
to the lower level that's underneath here, so I live on the main level. Molly's addition went
straight out from the main level. And it gives you a huge handicap bathroom, and her separate
bedroom, computer room and a large play area to run, living area to run around in. What do you
do with the second floor over that? It's entrance is right at her bedroom so that was occupied by,
always been her aide and right now it's a family, one of her sisters and their family. They live
above Molly in that addition. As part of the addition of the second floor. The basement level,
what do you do with that? Molly can't use the basement. I don't need any more space. I can't
connect it.
McDonald: Excuse me, can I interrupt you just a second?
Gary Carlson: It's a very involved home. I've had the best realtors in the area trying to find me
the similar situation because we could have...
McDonald: Okay, as you're explaining this, my question is, can you go through this with the
drawings to kind of put this...
36
Planning Commission Meeting — March 15, 2005
Gary Carlson: ...the drawings, sure.
McDonald: Because I'm having trouble discerning upper level, lower levels and everything like
that and if you could just kind of refer to those.
Gary Carlson: Well the whole print of the homes aren't in the packet. Just the addition.
McDonald: Okay, that's all I really care about is the addition right now.
Gary Carlson: Is that right there for projection?
Sacchet: Yep.
Gary Carlson: Let's move to the main level, which is on the back of that page there. This is
Molly's floor. Move that down a little bit. And so where the existing kitchen, existing bedroom,
that's where she's serviced for eating and our bedroom, and then a whole addition out from that
is her's. And he had to have a handicap entrance put on. That was, I think I made 3 alterations
to the original building permit. Because, put yourself in my shoes and I'd be glad to be in your
shoes. Any time a parent, a child, can come back home, or can, and so you make a provision for
that. Well, geez dad, it's working out great and how do you like the basement, or how do you
like the second floor of our home? Fine. Do you need a stove? We put in a stove. I mean let's
put a stove, and there's already, or it can happen to any of us. We need to have some flexibility
in our homes. We have children that can come back sometimes bringing what parents my age
call baggage. Or due to injury or anything, and so in Molly's case I had to adapt and develop
this addition as she grew and as we saw her capabilities. We did the addition, put the second
floor above it. This was all done in, starting in '95 with plans. '96 was the first permit issue.
'97 we changed it. '98 we changed it again. '99 it was completed with all of the, you know by
the building inspector.
Slagle: Mr. Carlson, if I can ask. If I may.
Gary Carlson: ...call me into a halt and, but I just.
Slagle: I'm looking for the cliff notes if I may but specifically, you've had a chance to look at
the recommendations from the staff. Are there any of those recommendations that you're not
willing to adhere to?
Gary Carlson: No, I am, in all of the, in all of the people that live in our building are very
appreciative of the City of Chanhassen. We love being here, and the staff is doing, the city staff
is doing what they are available and what they can do. They only have zoning ordinances and
building codes to work with.
Slagle: Okay so let me.
Gary Carlson: Come up against a building such as mine, they were a little bit, well you're out of
code. Okay, this is what we can do to get you in code. You're out of violation. This is what we
37
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Planning Commission Meeting — March 15, 2005
do, so I've made, taken out permits. I've had two building inspectors and a fire inspector. All
my apartments are licensed. Meet building codes and this addition was put on with you know
full plans they looked at.
Slagle: Sure, I'm with you but let me ask you this. Are you okay with making the lower
dwelling an integral part of the house?
Gary Carlson: The 6 conditions are.
Slagle: It's on page 5. The reason I'm asking Mr. Carlson is because, because I think if I sense
there's an agreement, we probably could speed this up a bit.
Gary Carlson: Sure. If possible, a couple of the conditions are interesting because see again,
planning and zoning through, or through the planning department is doing this variance. It's
separate from the building inspection which they have certain concerns and that's where the
recommendations, the 5 or 6. The conditions apply. Now some of them are, I was going to
quickly go through them, if you want me to. Lower, let's look at that plan of the building again.
I mean, and the staff knows I've worked with them all that I can. I'm trying to stay within the
building codes, within the zones but you know, I only have...
Slagle: Let me be more specific.
Gary Carlson: It's hard to put the basement, like the basement for instance into an integral part
of the home. If I were to open the basement into the rest of the home, it would open into my
other apartment. So why would the other apartment want to go into this basement under Molly?
The only other way to make it an integral part of the house is to drop a door out of Molly's
addition. Molly's, it's just a basement under Molly's addition. It's very easy to take a stove out
of it so we can do that. This was built in ... lived in that for a couple of years because I was able
to keep hire at home, so I had my dad, had my daughter and above her an aide. Every one of you
folks should be very fortunate to be able to have a building like I have to be able to take care of
your in-laws and out -laws and so forth. It's something that's worked out since 90, since the
building was completed. The only thing we're trying to do here, and I just bring it a little closer
to, the city can't you know it's bard for them, the staff to work with this one, I'm out of lot
variance. I'm out of code, so I brought a lot of the building parts up to code and because a
couple other points here. You know I've already, when I took out the permit for finishing the
basement they came out and approved a final but then they printed, it's called printing. It's on
my paperwork. They print the permit but not issued. So you have a permit. You pay for it. You
can go and do the work but they are still concerned whether they're actually going to issue it. So
the building department said no, we can't issue it because you're out of code with the RS 1. You
know you've got a 2 family dwelling here so we can't issue a building permit for you to build it
when you're not even in so, and we go back to the process of what we're doing tonight is get it
closer to code. But that's.
Sacchet: Yeah, I think Commissioner Slagle had a very good, Mr. Carlson.
Gary Carlson: Most of these conditions.
38 =
E
Planning Commission Meeting — March 15, 2005
•
Sacchet: Yeah, that's very important. How do you feel about, like the first one. To eliminate
the separateness of the lower level.
Gary Carlson: Yeah, we could take out a stove. That's something that we can do.
Slagle: Okay, we've got that.
Gary Carlson: Okay the next one. That's perfectly fine, number 2. Number 3, those are pretty
much, will have to go over the building inspection but mine all show they're not final on all.
Now if they, the proposed, the number for the proposed building must be constructed in
accordance with the Minnesota State Building Code.
Slagle: I'm sure that's okay then. Staff?
Gary Carlson: I'm sure of that because I built it according to most codes...
Metzer: Steve in the building department will work with him on that.
Gary Carlson: I mean if they rezone me, reclassify me as an apartment building.
Sacchet: Well we're not doing that.
Gary Carlson: There's some more codes there.
Sacchet: We're not doing that Mr. Carlson. Don't worry about that.
Gary Carlson: The rental license I already have, and I'll be glad to just add this unit that's above
Molly to the license and when they come out for their annual review. Now they have an annual
review of apartment licenses and they've already been through and look at but they can certainly
come and look at it again. The applicant, property owner must obtain permits for accessory
structures constructed without, I'm not, I guess I can throw that up as something here. And
being on a farm, there's 8 of them illustrated on there now. There's one more right ... that's a
play house for my grand daughter. There's a structure there that has the hay in it.
Slagle: I just want to know who put point 6.
Gary Carlson: ...there's another construction there...
Lillehaug: Mr. Carlson, I have a real specific question and hopefully.
Gary Carlson: I hope I'm not, I'm not making light of this but it is a farm and I have structures
coming down, going up. As soon as that hay one blows down, it won't go back up.
Lillehaug: I need to understand.
39
• A
Planning Commission Meeting —March 15, 2005
Gary Carlson: If they need me to get a building permit for all those 8 little things, I don't know
what.
Slagle: Mr. Carlson, I think you have a fair amount of support here and the quicker we can get
through this I think the better.
Gary Carlson: You ready for Molly's statement?
Sacchet: Sure.
Gary Carlson: I'll be available for helping.
Sacchet: Yeah, appreciate your input. So basically you're, you don't have an issue with the
conditions. To be summary. I mean.
Gary Carlson: No. I see some day development going on this and like I said, the best of realtors
in the 5 county area looking to find me a similar structure with the same, my family does not
want to move out of Chanhassen.
Sacchet: Nobody says you have to move Mr. Carlson. We're trying to find the balance that
accommodates what you need to do and we're trying to work together here. That's really what it
boils down to, okay.
Gary Carlson: Yep. Molly, my wife Maureen and Molly has a statement that she'll make.
guess she can get to that mic there.
Sacchet: Do you want to use this mic? Might be a little better in terms of the height for her. Do
you want to hold it for her or is it going to work like that? Okay.
Molly Carlson: My name is Molly Carlson. My address is 3891 West 62"d Street in
Chanhassen. Council members, please pass this variance for me. Thank you. If you've got any
more questions, ask my dad please.
Sacchet: Thank you Molly. Appreciate -it. Well, this is a public hearing so I'd like to invite
anybody else who likes to make a statement to this, to come forward at this time. Yes, we have
somebody there if you want to, yeah you're coming up there. Okay. If you want to state your
name and your address, you can move the microphone down to you a little bit.
Margaret Carlson: My name is Margaret Carlson and I am a sister and... This is not a sad
occasion but emotional...
Sacchet: I understand. I'm with you.
Margaret Carlson: I provide what I guess you would call it, I'm kind of an on call services
trained for Molly and due to her physical condition limitations she needs to have immediate
access for whatever rotations and massaging she may need due to muscle cramping during the
40
0
Planning Commission Meeting — March 15, 2005
night and, and that's part of my responsibility when she needs that. In continuing strength as she
ages and just having a safe and secure dwelling place for whoever provides that services is an
integral part of her well being and obviously I fully support this variance, thank you.
Sacchet: Thank you for your comment. Appreciate it. Anybody else wants to address this.
Seeing nobody, I'll close the public hearing. Bring it back to the commission for comments and
discussion. Is there any comments? Any discussion?
Keefe: In full support of it.
Sacchet: Steve?
Lillehaug: I do have a comment.
Sacchet: Go ahead.
Lillehaug: Yes, yes it is grandfathered in that there's 2 other dwellings that are being rented in
this house, but a variance there's always a trade off. I absolutely support this addition, or the
variance for this addition but the trade off to me would be taking away the non -conforming rental
units. The legal non -conforming rental units, so for me to support the variance there would have
to be a trade off, and that's what it would take in my mind. This is comparable. Mr. Carlson's
right. There is no other property in Chanhassen like this where we, in the RI District and
residential district that we allow 5 rental units on the property, or 5 separate units, and simply put
there has to be a trade off on this for me to support it.
Sacchet: Okay. Good comment. Any response to that Jerry? Or other comment.
McDonald: Yeah, the one thing he brings up I guess, as I understand it this is strictly for family.
I guess maybe a conditional use might cover that but I think we've got to look at that a little bit
too. I mean this is not a commercial venture, at which point I think I would maybe agree with
you more and I'd have more reluctance as far as getting involved by setting some precedence and
everything but again, this is a family compound. They were here long before us. I really don't
see where, and again we just went through this whole property a couple weeks ago so I realize all
the problems that are in there. I mean this is key to a lot of other things but at this point, we just
went through whether a variance or conditional use and I guess the city uses variances so I don't
want to set new ground here as far as doing that, but I do tend to agree that maybe this would fit
better under that, to make sure that it is limited to family use but, I trust what Mr. Carlson says.
He's got a history of doing things on this. I don't have any problems supporting this at this
point.
Sacchet: Thanks Jerry. It's a tricky thing you're bringing up Steve because generally we do
want to decrease any non-conformance when we allow something extra. I personally would be
willing however in this case to consider it two separate items. Since they are, I mean they're not
that closely intertwined. I mean physically it's even two separate structures, if I understand this
correctly, and. Is it?
41
Planning Commission Meeting — March 15, 2005
Lillehaug: ...haven't really had it explained to me, I don't know.
Sacchet: It is two physical, separate physical structures isn't it?
Gary Carlson: Yeah, with that question that you asked, her addition went out from me. And the
other apartments wouldn't be around by her, you know the other apartment space wouldn't be
around by her bathroom or her bedroom. Whereas the attendant care person, which right now is
my daughter and we would still be within the city's codes probably as long as it stays my family
members because it's one family. Only thing there is you know the two stoves. Well again the
City doesn't really run out and look to see if you have two stoves. But the reason we're asking
for the variance is my daughter can take a position with another school district and her family
can move away. Well then I have to bring in an attendant that might not be family. And also, I
mean I'm looking way down the way. I mean I'm not going to be always available and
retirement is there around the horizon. I can see my daughter moving down into my level. For
instance, if I can have one of my daughters, maybe not. I may have an aide live there and
another aide live above Molly. Again, not family members. Whereas they would trade off.
They'd get living, very inexpensive living.
Slagle: But I think if I can, we have that covered.
Sacchet: Yeah, I don't think that's an issue Mr. Carlson.
Slagle: It's just a question of, is the two, if I can ask, the two apartments or rental units, are they
in one of the separate structures and I think the answer is yes.
Sacchet: They're adjacent.
Gary Carlson: The whole home is one solid building, it's just that you, it's 70 by, almost 70 by
70.
Sacchet: It is all the same building.
Gary Carlson: I mean I can open the building... upper part and now the upper care attendant
now...
Slagle: Mr. Carlson, if I can ask. You have your main house here and then you have this
separate structure over here that staff.
Gary Carlson: Oh, that's mistaken a lot. That's a two story pole barn.
Slagle: Okay, so there's no rental units in there?
Gary Carlson: No. It looks, I've had people come down the street and say well why don't...
Sacchet: So there goes my argument about that one Steve.
42
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Planning Commission Meeting — March 15, 2005
Lillehaug: Are all 5 units family?
Gary Carlson: No. No, the two grandfathered, I provide economical rentals for, I have for years.
My ex -tenants are, one's a VP at Super Valu. One owns his own nursery. I mean I provide low
cost housing which the city's in need of In the other two apartments. And the only reason I
have those is the house was so big and if we were to discontinue one of them, my wife and I can
barely use the floor we're on, let alone then have another whole apartment.
Sacchet: Alright.
Slagle: 5 are in the big house.
Sacchet: Thank you Mr. Carlson. I think you answered the question. Basically do, and actually
it clarified where I stand with this too Steve in terms of giving you the response, at least from my
vantage point to your comment. I do believe there is a mitigating factor in that we're actually
asking it to be reduced by one unit. We do ask, condition number 1 says to eliminate one of the
units. One of the three new ones and the other two new ones are justified because they're family
occupied in the context of the care, of the personal care that's needed. So I do believe there's a
balancing and mitigating factor in there that within the framework I think is reasonable and since
this is a very complex situation, I would really defer to the time that staff put into this and I think
this is a pretty balanced proposal in view of that.
Lillehaug: Can I ask you a question?
Sacchet: Go ahead.
Lillehaug: Is your interpretation of this right now there's 5, with the conditions in here there will
be 4?
Sacchet: Yes. But nevertheless, I mean units. With 2 having grandfathered in to be rental and
the other 2 being family use and it makes it very clear that the upper dwelling unit shall not be
rented to a non -family member, other than a live in personal care. So it is tied into a specific use,
which to some extent accommodates what the condition use element would have.
Keefe: Two that were grandfathered and then one.
Slagle: So you're not including the main residence of Mr. Carlson? I mean his area, right?
Sacchet: Is one of them.
McDonald: It is I of the 4.
Lillehaug: It's 1 of the 5 and it's 1 of the 4.
Sacchet: Right.
43
• •
Planning Commission Meeting — March 15, 2005
Metzer: We consider Molly and the applicant, Mr. Carlson to be the same dwelling unit.
Slagle: Oh okay. I got you.
Sacchet: As one unit. Okay. Okay. So that's how I would respond to your.
AI-Jaff: Also the variance that you're approving is temporary in nature. That's what staff is
recommending with this.
Sacchet: Where is the temporariness?
Slagle: Yeah, where does it show that? That it ends with them selling the property.
Lillehaug: They've been non -conforming since 1988. I mean it's a variance that isn't
temporary.
Sacchet: Not the non -conforming part. I think staff made that clear, that carries forward. The
non -conforming.
AI-Jaff: Correct, but number 2. The upper level dwelling unit shall not be rented to a non -
family member other than a live in person care attendant.
Sacchet: So in other words, the Carlson's wouldn't use and somebody else in a similar situation
would use it, they could use it in this same way. So it's not expiring with the Carlson's but the
specific use is defined. Is that what you're saying?
Larson: So if somebody else had a similar need?
Sacchet: Right.
Larson: Right.
Al-Jaff: It is tied to, I mean if you.
Keefe: It's not tied to the Carlson family. It's tied to the use.
Sacchet: The use. It's tied to the use.
Keefe: Yeah.
Sacchet: It's tied to the use which is viewed I think.
Keefe: ...Carlson family make that expire.
Sacchet: Would that accommodate the concern?
44
Planning Commission Meeting — March 15, 2005
Lillehaug: Can we do that?
Sacchet: I'm a little concerned whether that's possible.
Larson: I mean my opinion is, if you had another situation where another family would need that
and these guys are willing to sell it, it's a perfect fit. Why not? You know. I don't think it has
to be strictly just for them. But what I don't want to see is that to turn into a rental unit of 5
separate anybody's you know, but in this case I think it's a wonderful situation what he's put
together and this house is just, like he said, it's a very unique property and wow.
McDonald: I guess what I'd feel more comfortable with, I'd like staff to research to put the
conditions on there that it's strictly for the Carlson's because getting back to the original point
about non -conforming property. If one of the things the city is trying to do is as possible to you
know have that become conforming, at the sale, when it's no longer of use to the Carlson's, that
use should go away and it should then have to become conforming. So I would like to see it tied
to the Carlson's if at all possible.
Sacchet: I don't know whether that's legally feasible, is it?
McDonald: I don't know but that's my question to staff. I don't know.
Keefe: Can you do it upon the sale?
Sacchet: So you feel very strongly it should be specific to this applicant?
McDonald: Well I think Steve brings up a good point, and if that's one of the things that we're
supposed to look at as far as when does non -conforming become conforming, I think at the
expiration of the use, that's when it should be re -looked at. It should not just go on in perpetuity
that way.
Al-Jaff: We have done it on mother-in-law apartments. We have specifically stated the name of.
Sacchet: We have done it.
Al-Jaff: Of the parent.
Sacchet: Yep.
AI-Jaff: For as long as they are living in this unit.
Sacchet: So we have a precedent.
Al-Jaff: And if they are not living in that unit, then that use would cease.
Sacchet: So we can do it. That's a clear answer for that.
45
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Planning Commission Meeting — March 15, 2005
Lillehaug: Can I make a comment on that?
Sacchet: Yes.
Lillehaug: We did ... maybe within a year ago, or year or two ago.
Slagle: Right behind the Weather Station.
Lillehaug: And as a commission and staff, I think we made it look, or we made it that these
were, that this would be a unit of one if it were ever sold. I mean just the way things were built
in the house and constructed. This is absolutely not the case in this case. I mean it's very
different and it's totally holding people to different standards. Absolutely it is in my mind. It
really is.
Sacchet: If we make it specific to the Carlson's, would that mitigate your concern there?
Lillehaug: We were going to do that on the last one and that totally got thrown out. Totally
went away from that. It was going to be a condition, the commission as a whole totally threw
out making it specific to this family. It was an approval of a variance.
Sacchet: Now Sharmeen seems to remember that we did make it.
Slagle: I thought we made it.
Sacchet: I don't remember.
Al -Jaffa What I'm saying is we have done it in the past. We have.
Slagle: It's the Graves.
Keefe: Well there's support for it here isn't there?
Sacchet: The one you remember we didn't want the name.
Lillehaug: That's my, that's my.
Sacchet: I don't remember the detail. I remember the case but. Well if we have a precedent that
we added it, made it specific, I think that would mitigate some of the concerns that are voiced
here in terms, because we have to be careful that we're fair to the rest of the city. I mean that's
one of the things we're trying to do is that we try to treat everybody with some similarity. That's
our attempt to be fair to everybody, okay. So in that case I think that would be a balance point if
you would make it specific to the Carlson. Add that element in there with the variance, which
would tie it into what the use is at this point, and as such would not carry forward. Which is I
believe a fair position to take. Any other aspects here? Otherwise I'd like to have a motion.
M.
Planning Commission Meeting — March 15, 2005
Keefe: I'll make a motion Planning Commission approves the variance for the use of a single
family dwelling as a two family dwelling in a single family residential RSF District at 3891 West
62°d Street based upon the findings of fact in the staff report with the following conditions, 1
through 6 and I'd like to add one additional condition. That this variance will expire upon the
sale of the property to a non -Carlson family owner.
Sacchet: Let's do a second, just on 1 through 6 and then deal with the amendment. Do we have
a second?
McDonald: I'll second 1 through 6.
Sacchet: Now your addition Dan is to, is that it would expire upon the sale to somebody not
Carlson. Not of the same family. Is that?
McDonald: I'm sure we can wordsmith and massage that but that is the general.
Sacchet: That's the idea, and maybe that this variance is specific to the Gary Carlson family or
something.
McDonald: Well the thing to say is this variance would expire upon the sale of the property by
the Carlson's.
Sacchet: Yes. That's basically.
Slagle: To a non -Carlson.
McDonald: Well upon the sale by the Carlson's means if they sell it to another Carlson, it
expires.
Sacchet: By the Carlson family, something like that?
McDonald: Yeah.
Sacchet: Alright. You're fine with that? Okay.
Keefe moved, McDonald seconded that the Planning Commission approves the variance for
the use of a single family dwelling as a two family dwelling in Single Family Residential
(RSF) District at 3891 West 62°d Street, based on the findings of fact in the staff report and
with the following conditions:
The lower level dwelling unit must be eliminated or made an integral part of the home.
2. The upper level dwelling unit shall not be rented to a non -family member other than a
live in personal care attendant.
47
•
Planning Commission Meeting — March 15, 2005
11
All outstanding permits that have been obtained for improvements to the property must
receive final inspection approval prior to occupancy of the additional unit.
4. The proposed dwelling unit must be constructed in accordance with Minnesota State
Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City Code.
6. The applicant/property owner must obtain permits for accessory structures constructed
without the required permits.
The variance shall expire upon the sale of the property by the Carlson family.
All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 5 to
1.
Sacchet: The motion carries 5 to 1, which is enough for it to carry right? Sharmeen and Jason?
A] -Jaffa That's correct.
Sacchet: So this does, is considered approved unless somebody complains about it to the City
Council. If it has to go to City Council, it can go to City Council on the I Ph of April, according
to staff report so I wish you luck with this and thanks for coming in. It was nice to meet Molly.
Slagle: Thank you Mr. Carlson.
PUBLIC HEARING:
REQUEST FOR VARIANCES TO LAKESHORE SETBACK AND LOT COVERAGE
ON PROPERTY LOCATED AT 9015 LAKE RILEY BOULEVARD, APPLICANT
SHARRATT DESIGN & COMPANY. PLANNING CASE 05-10.
Public Present:
Name Address
Michael Sharratt 464 2°d Street, Suite 100, Excelsior
Lissa Tenuta 464 2°d Street, Suite 100, Excelsior
Tim Walker/Laura Cooper 9015 Lake Riley Boulevard
Josh Metzer presented the staff report on this item.
Sacchet: Thanks Jason. Any questions?
McDonald: I had some questions for staff. On that sentence where you say that you would
support the variance to allow the applicant to maintain, at that point what kind of a home are they
21
CITY OF CHANHASSEN
STAFF REPORT
PC DAi: March 15, 2005
CC DATE: April 11, 2005
REVIEW DEADLINE: 04/12/05
CASE #: 05-09
BY: JM
F2]
PROPOSAL: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a
two-family dwelling in Single -Family Residential (RSF) District.
LOCATION: 3891 West 62°d Street
Lot 6, Schmid's Acre Tracts
APPLICANT: Gary & Maureen Carlson O
3891 West 62°0 Street
Excelsior, MN 55331
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential —Low Density (Net Density Range 1.2 — 4u/Acre)
ACREAGE: 3.86 acres
DENSITY: NA
SUMMARY OF REQUEST: Request for an after -the -fact Variance to allow for use of a single-
family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. Staff is
recommending approval of the request with conditions.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION -MAKING:
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi judicial decision.
Location Map
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd St. W. 62nd St.
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Carlson Variance
Planning Case #05-09
March 15, 2005
Page 2
SUMMARY OF PROPOSAL
The applicant is requesting an after -the -fact variance for use of a single-family dwelling as a two-family
dwelling in Single -Family Residential (RSF) District. The site is located north of Highway 7 and west of
Church Road at 3891 West 62°d Street. Access to the site is gained via West 62od Street.
APPLICABLE REGUATIONS
Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling.
A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be
allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial hardship.
(2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of
one driveway and one main entry.
(3) Separate utility services are not established (e.g. gas, water, sewer, etc.).
(4) The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping with
the spirit and intent of this chapter.
Dwelling an means one or more rooms which are connected together as a single unit constituting
complete, separate and independent living quarters for one or more persons, physically separated from
any other room or dwelling unit which may be in the same building and containing permanent cooking,
eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household.
BACKGROUND
In 1988 the City of Chanhassen wrote a letter to Gary Carlson acknowledging that he had been renting a
portion of his home since 1982. As a result of grandfathering, the two rental units on the south end of
the home, existing in 1988, were and still are considered legal non -conforming. A legal non -conforming
use is defined as a use of land that does not comply with the requirements of Chapter 20, but which did
comply with applicable ordinance requirements at the time the use was established.
Permits to construct an addition on the north end of the home were obtained in 1996 & 1997 and were
given final permit approval in 1999. This addition consisted of three levels; lower, main, and upper
floors. At the time of final inspection in 1999, the upper and lower levels were unfinished; therefore, the
City could not determine that two additional dwelling units were being established. Subsequently, both
levels were finished with separate cooking, eating, sleeping and sanitary facilities distinguishing them as
separate dwelling units. The improvements made after 1999 were done without permits.
A January 28, 2003 inspection of the subject property found that the lower level dwelling unit was
vacant. This inspection also revealed that the home has five separate kitchen facilities in five separate
dwelling units. The applicant occupies one dwelling unit. One of the applicant's daughters occupies the
upper level of the new addition. The applicant stated the lower level of the new addition is unoccupied.
This lower level of the addition is completely separate from the rest of the home. It has its own
entryway and cannot access the rest of the house from inside. The two other dwelling units are those
which have a legal non -conforming status.
Carlson Variance
Planning Case #05-09
March 15, 2005
Page 3
ANALYSIS
One of the applicant's
daughters is severely
disabled and requires
24-hour care. She
lives on the main
level of the new
addition which is not
considered a separate
dwelling unit. Her
County authorized
Personal Care
Attendant is her
sister, who lives in a
separate upper level dwelling unit of the new addition. The applicant is requesting a variance for this
separate dwelling unit to be used by their daughter's Personal Care Attendant. In the event that their
daughter who is the caregiver moves out, the applicant wishes to maintain the use of the separate upper
level dwelling unit as a living space for any future Personal Care Attendant. To come into compliance
with the City Code, the applicant must either remove the lower level dwelling unit or make it an integral
part of the rest of the home. This can be accomplished by creating an interior access from the lower
level dwelling unit to the rest of the home and by utilizing one main entry.
Bd
M, I
I
Lower Level Dwelling Unit
Main Level of New Addition
Upper Level Dwelling Unit
Carlson Variance
Planning Case #05-09
March 15, 2005
Page 4
Given the Carlson
family's unique
circumstances, staff
feels this is a
reasonable request
which complies
with the standards
for granting a
variance and is
recommending
approval of this
variance for one
additional dwelling
unit.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
1. There is a demonstrated need based upon disability, age or financial.
Finding: The applicant has demonstrated a need for a variance based upon disability.
2. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance
of one driveway and one main entry.
Finding: The dwelling unit has the exterior appearance of a single-family dwelling, and is accessed
via one driveway.
3. Separate utility services are not established (e.g. gas, water, sewer, etc.).
Finding: Separate utilities have not been established.
4. The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping
with the spirit and intent of this chapter.
Finding: This request will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping
with the spirit and intent of this chapter. Since no additional dwelling units are being created or
permitted beyond what already exists.
Carlson Variance
Planning Case #05-09
March 15, 2005
Page 5
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves the variance for the use of a single-family dwelling as a two-family
dwelling in Single -Family Residential (RSF) District at 3891 West 62nd Street based on the findings of fact
in the staff report with the following conditions:
1. The lower level dwelling unit must be eliminated or made an integral part of the home.
2. The upper level dwelling unit shall not be rented to a non -family member other than a live-in
personal care attendant.
3. All outstanding permits that have been obtained for improvements to the property must receive final
inspection approval prior to occupancy of the additional unit.
4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City Code.
6. The applicant/property owner must obtain permits for accessory structures constructed without the
required permits.
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application.
3. Letter from Gary, Maureen & Molly Carlson dated January 10, 2005.
4. Letter from Deb Andersen dated February 10, 2005.
5. Letter from the City of Chanhassen to Gary Carlson Dated July 5, 1988.
6. Letter from City of Chanhassen to Gary Carlson dated February 12, 2003.
7. August 20, 2003 Inspection Notes.
8. Lot Survey.
9. Addition Floor Plans.
10. Public Hearing Notice and Mailing List.
gAplan\2005 planning cases\05-09 carlson varimceNstaH report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for
use of a single-family dwelling as a two-family dwelling in a Single -Family
Residential (RSF) District — Planning Case No. 05-09.
On March 15, 2005, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Gary & Maureen Carlson for an after -the -fact Variance to
allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential
(RSF) District. The Planning Commission conducted a public hearing on the proposed variance
that was preceded by published and mailed notice. The Planning Commission heard testimony
from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential — Low Density (Net
Density Range 1.2 — 4u/Acre).
3. The legal description of the property is: Lot 6, Schmid's Acre Tracts.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall
not grant a variance unless they find the following facts:
a. There is a demonstrated need based upon disability, age or financial.
b. The dwelling has the exterior appearance of a single-family dwelling, including
the maintenance of one driveway and one main entry.
c. Separate utility services are not established (e.g. gas, water, sewer, etc.).
d. The variance will not be injurious to or adversely affect the health, safety or
welfare of the residents of the city or the neighborhood where the property is
situated and will be in keeping with the spirit and intent of this chapter.
5. The planning report #05-09 Variance dated March 15, 2005, prepared by Josh Metzer,
et al, is incorporated herein.
ACTION
The Chanhassen Planning Commission approves the Variance to allow for use of a single-
family dwelling as a two-family dwelling in Single -Family Residential (RSF) District.
ADOPTED by the Chanhassen Planning Commission on this 15a' day of March, 2005.
CHANHASSEN PLANNING COMMISSION
Planning Commission Chairperson
gAplan\2005 planning cases\05-09 carlsm variancev;ndings of facttdoc
CITY OF CHANHASSEN CITY OF CHANHASSEN
7700 MARKET BOULEVARD RECEIVED
CHANHASSEN, MN 55317
(952) 227-1100 F E B 1 1 2005
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APPLICANT: C� (� V 1/� V^ lSG N OWNER: V cl '� (i v tr Y nJ
ADDRESS: Z,% /„ N f ADDRESS:
CI I JA S GC v S v ...
TELEPHONE (Day Time) / % I ST't�EPHONE:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of Right-of-Way/Easements
Interim Use Permit
Variance
Non -conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site Plan Review*
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRNACNAR/WAP/Metes & Bounds
- $400 Minor SUB
Subdivision'
TOTAL FEE $
Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included
with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be
invoiced to the applicant.
If you would like the City to provide mailing labels, check this box
Building material samples must be submitted with site plan reviews.
*Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for
each plan sheet.
**Escrow will be required for other applications through the development contract.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
SCANNED
PROJECT NAME: 0_F�- V, `� '`J 0 -kr )) a -A-) e- e •
LOCATION:
LEGAL DESCRIPTION:
TOTALACREAGE:
WETLANDS PRESENT:
PRESENT ZONING:
REQUESTED ZONING:
j C-tC �
YES NO
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
r
REASON FOR REQUEST: � � 4 O "Li 1/l��L dt �� � trA t� �1 � r•e U'
r c \t'\ /1 V r P V- y� `e+-V- S nytr f l" cw t(' 2 �l l��l tl\CA .tJ
b /i rO 42 rn v tt � r 2 ri S S i 1 Gl v C -e i
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. 1 further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
i
Signature off � Applicant
Signature of Fee Owner
Date
Date
Application Received on Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicants address.
G:\pbn\f m \Devek4 m t Review Applimfim.DGC
Q,: A0A9H
Gary D. Carlson
3891 West 62" d St.
Excelsior, MN 55331
January 10, 2005
City of Chanhassen
Chanhassen City Council and Planning Commission
Re: Variance for two-family dwelling
Dear Sirs:
CITY OF CHANHASSEN
RECEIVED
FEB 1 1 2m
CHANHASSEN PLANNIN(3 M"
The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1).
There is demonstrated need based upon disability, age or financial hardship.
Our daughter Molly Carlson was born with Cerebral Palsy that has severely affected her
motor abilities. She is 22 years old and requires a full time caregiver which must be in
living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in
which Molly currently resides. These quarters are directly connected to Molly's living
area They are currently occupied by her sister who is her county authorized Personal
Care Attendant. If for any reason her sister can no longer provide the services as her
PCA, this variance would allow someone else to live there and continue to meet Molly's
needs.
Also attached is a letter of further verification of Molly's disabilities from her county
developmental disabilities case manager.
Respectfirlly,
�azlson
Molly Carlson
$CANNED
ytlzrf
r0�50
Community Social Services
Human Services Building
602 East Fourth Street
Chaska, Minnesota 55318-2102
Cxw County
Phone (952) 3614600
1855-2005
Fax (952)361-1660
February 10, 2005
Chanhassen City Council
Chanhassen, MN 55317
RE: Molly Carlson
Dear Chanhassen City Council:
I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother
& court -appointed guardian..I am Molly's developmental disabilities case manager at
Carver County Social Services. Molly has been on my case load since January of 2001. .
She is 22 years old and has -diagnoses of spastic quadriparetic cerebral palsy and ,
borderline intellectual functioning. Molly's physical disability requires that she have 24-
hour supervision and assistance for all of her activities of daily living & personal cares.
She requires the availability of a personal care attendant/caregiver in close proximity of
her except for very brief periods of time.
If you have any questions for me, please obtain a signed release of information from
Molly's guardian. I can be reached at 952-361-1616. Thank you.
Sincerely,
_
� ill
Deb Andersen
Developmental Disabilities Case Manager
Carver County Social Services
Equal Opporrmity Employer SCANNED
Printed on 30% Post -Consumer Rervr/ed Parer
",N. 15.2003 11:40AM MAIOELD TANICK CHN
NO. 990 P. 4
July 5, 1988
CITY OF
CHANHASSEN
$90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Mr. Gary Carlson
3831 West 62nd Street
Excelsior, MN 55331
Dear Mr. Carlson,
RECEIVE®
C JAN ] 5 2003
MftEN INSPECTIONS
It is my understanding that you have been renting a portion of
your home since 1982. Section 2Qr-71 of the Chanhassen City Code
states that nonconforming uses ei4in
�ting prior to February 19,
1987 may continue if not expande, W enlarged. Section 20-74 (b)
also provides that nonconformingF r&idential units may be
altered if the "livability" of L*ie'�nits is improved. Please
be advised though that if you 4f scottinue renting a portion of
the home for one year, you can�at rEAstablish the rental unit.
Should you need further info,zgation, lease feel free to contact
me.
f.•'„
:k
Barbara Dacy
City Planner .14
t>
BD/cd
CITY OF
MMSEN
February 12, 2003
7700 Market Boulevard
PO Box 147
Chanhassen, MN017
Mr. Gary Carlson
f 4 :
3891 West 62°d Street
on
Ane:952h27.1,
Excelsior, MN 55331
Phase: 952.227.1100
Fax: 952227.1110
Dear Mr. Carlson,
Building Inspections
Phone: 52.227.1180
Fax. 2.227.1190
Thank you for the opportunity to conduct an inspection of your home on
January 28, 2003. I have also received a letter from your attorney dated
Engineering
January 30, 2003, which describes the use of your home. The code issues
Phone:
952227.1170
Fax �2227.1170
involving our home will be addressed in three arts: 1) Existing rental
g Y P g
dwelling units on the south end of the building; 2) Dwelling units in the
Finance
addition on the north end of the home; and, 3) Zoning Viglations.
Phone:952.227.1140
-
Fax 952.227.1110
-
1) Rental dwelling units, south end of building:
Park 6 Recreation
Phone: 227.1120
The two dwelling units on the south end of your home have been rented to
Faz:952.227.t 110
tenants since approximately 1982. In 1988 the city determined that this use,
Recreation Center
2310CouherBoulevard
although non -conforming; could continue if the use was not expanded of•
Phone:952.227.1400
enlarged.
Fax 952.227.1404
- -
Planning &
During the inspection, I found that the lower level unit had a living room;`.
Natural Resources
kitchen, bathroom and two rooms that appeared to be bedrooms on the west
Phone:952227.1130
side of the unit. These rooms did not have complying egress windows. There
Fax 952.22z1no
were no beds in these rooms; the bed was located in the living room, where
Public works
you stated the tenant sleeps. The entrance/exit door was located in the living ,
1591 Park Road
room.
Phone: 952227.1300
Fax 952.227.1310
The upper level unit consisted of a living room, kitchen, bathroom and two
Senfar Center
bedrooms. The bedroom on the south side did not have a complying egress
Phone:952.227.1125
window; the bedroom to the north appeared to have a complying egress -
Fax 952.227.1110
window.
Web Site
mmAchantrussen.mn.us
These rental units are now required to be licensed in accordance with City
Code Chapter 10, Article VII, which was recently adopted. As partof the
licensing, the units must meet the requirements of the city's property
maintenance code. You will be receiving information in the mail in the near
future which will explain the licensing requirements and inspection process.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A groat place to live, work, and play.
Mr. Gary Carlson
February 12, 2003
Page 2
Until such time that these units receive licenses and inspection approval, the
three rooms identified above that do not have complying egress windows may
not be used as sleeping rooms. To do so is in violation of city code.
2) Dwelling units, north end of building:
There are two dwelling units in the addition on the north end of the home.
Permits to construct the addition were obtained in 1996 and 1997. The
permits were given final approval in April of 1999. At the time of final
inspection, the lower and upper level portions of the addition were unfinished.
Since that time, both the upper and lower levels of the addition have been
finished, and are now dwelling units, with separate facilities for sleeping,
eating, cooking and sanitation. The work was completed without obtaining
the required permits. The construction does not meet the requirements of the
building code for a multi -family building, and the lower level dwelling unit
does not have complying egress windows. To occupy these units is a
violation of the building code.
Permit #0203322, which was issued to you on November 27, 2002, for -
finishing the lower level, is hereby revoked in accordance. with UBC Section
106.4.5. The permit was issued based on information that was incorrect and
therefore issued in error. Plans you submitted on January 31, 2003, cannot be
approved, as the use is in violation of zoning regulations as outlined below.
The lower level dwelling unit was vacant on January 28, 2003, and must
remain vacant until such time that it is in compliance with city code. The
dwelling unit on the upper level must be vacated by March 312003, and must
remain vacant until such time that it too is in compliance with city code.
The zoning violations outlined below must be addressed before a
determination can be made as to what is required to bring the upper and lower
levels of the addition into compliance with the building code. I ask that you
schedule an inspection for March 3, 2003, to verify that the units have been
vacated as requested. You also must act within the same timeframe to resolve
the zoning violations. If you do not respond as requested, this matter will be
turned over to the City Attorney's Office for immediate action.
3) Zoning Violations:
You were given a letter from the city in 1988 stating that the two dwelling
units in your home were legal non -conforming. A legal non -conforming use
by city code cannot be expanded, intensified, replaced, structurally changed or
Mr. Gary Carlson
February 12, 2003
Page 3
replaced except to lessen the non -conformity. (City Code 20-72). It is my
interpretation that you have created a multi -family dwelling — a detached
building containing three (3) or more units. (City Code 20-1). Withthe
addition to your non -conforming structure you are in violation of the city's
zoning ordinance. Your property is zoned Residential Single Family which
permits only one (1) Single Family detached dwelling unit.
You must immediately cease the renting of your additional units. Your only
relief from this requirement is to request a rezoning of your property (City
Code Section 20-42). It is unlikely the staff would support a one lot rezoning
in the middle of a single-family residential district. Or, you may request a
zoning appeal (City Code Section 20-28(2)) if you believe that there has been
an error in the decision or determination made by an employee. In this
instance, it was our interpretation of your dwelling as a multi -family dwelling
that is the violation of the city code.
Again, you must stop renting the additional dwelling units immediately.
Please contact me if you wish to pursue either option I have identified to
resolve the zoning issue. My telephone number is 952-227-1137. If you have
building code questions, contact Steve Torell at 952-227-1199.
Sincer
ely,
Kanson
yk
Community Development Director
AvenB. ell
Building Official
pc: Roger Knutsen, City Attorney
Robert Reid, Building Inspector
Mark Littfin, Fire Marshal
Mr. Gregory Miller, Mansfield Tanick & Cohen P.A.
Property file: 3891 West 62°d Street
g/safety/stlltrs/OccupancyNiolations/3891 Wd Street2
•
PROPERTY INFORMATION •
Complex Name
1PRIVATELY OWNED
Company/Owners Name KLRY CARLSON
Last Name
CARLSON
First Name GARY i Initial j
Address
3891 WEST 62ND STREET
city
JEXCELSIOR
_
State MN i Zip Cod 55331-
Work Phone
_ Fax Number Email Address
(952) 47473354 v
Notes
Single family home w/2 rental units, upper unit and basement unit. 3 car attached garage, with carport. 2 f
detached garages. 2 story storage shed. 1 story shed. Playhouse. 2 horse stables/barns. Main building has 5 i
separate kitchen areas for 5 inividual living areas. Owner occupies one living area, daughter occupies one living
area, one living area for guests, 2 living areas are rental dwelling units.
fI
I
ti
Property Manager Name
GARY CARLSCN
Property Manager Phone
(952) 474-3354
Rental Space Address
3891 WEST 62ND STREET
Apt #
city
EXCELSIOR W..
State MN Zip Cad 55331-
Tenant Phone
Tenant Fax Number
Tenant Email Name
i
Date of Inspection_
8/20/2003'
License Number _ 00-00036
Datelssued
1
Notes
15 acres. Horses.
•
Gary Carlson 38 3891 W 62nd SL
Excrisior NfN -S'S,3j
`fit o s.el... i - __.._..� _�•�. i-
__: .-3_ v1' S
il-
arlson
IL
rid St
j 55331 fro i
Gary Carlson
I W62nd St
im MN 55311 td
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MWNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
March 3, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Carlson Variance Request — Planning Case No. 05-09 to the persons named on
attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner,
and depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and swoXn to before me
this3rLL day of J rVArCh. , 2005.
Notary Public
Ka n J. gel ardt, Di4uty Clerk
KIM T. MEUWISSEN
\S €Notary Public -Minnesota
My Commissian Expires Jan 31, 2010
Notice of Public Hearing Notice of Public Hearing
Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, March 15, 2005 at 7:00 .m.
Location:
CityHall Council Chambers 7700 Market Blvd.
Request for an after -the -fact variance to allow for use of a
Proposal:
single-family dwelling as a two-family dwelling in Single -Family
Residential (RSF) District
Pnnin
05-09
7LFile:
,,cant:
Gar and Maureen Carlson
Property
3891 West 62rid Street
Location:
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please stop
by City Hall during office hours, 8:00 a.m. to 4:30 p.m.,
Monday through Friday. If you wish to talk to someone about
this project, please contact Josh Metzer at 952-227-1132 or e-
Questions &
mail If you choose to submit
Comments:
written comments, it is helpful to have one copy to the
department in advance of the meeting. Staff will provide
copies to the Commission. The staff report for this item will
be available online at htto://206.10.76.6/weblink the
Thursday prior to the Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within SW feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation, The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commerciaUndustrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
somethina to be Included in the report, please contact the Planninu Staff person named on the notification.
Date & Time:
Tuesday, March 15, 2005 at 7:00 p.m.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for an after -the -fact variance to allow for use of a
Proposal:
single-family dwelling as a two-family dwelling in Single -Family
Residential (RSF) District
Planning File:
05-09
Applicatnt:
Gary and Maureen Carlson
Property
3891 West 62 Street
Location:
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead
16
public hearing through the following steps:
What Happens
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please stop
by City Hall during office hours, 8:00 a.m. to 4:30 p.m.,
Monday through Friday. If you wish to talk to someone about
this project, please contact Josh Metzer at 952-227-1132 or e-
Questions &
mail imetzer@ci.chanhassen.mn.us. If you choose to submit
Comments:
written comments, it is helpful to have one copy to the
department in advance of the meeting. Staff will provide
copies to the Commission. The staff report for this item will
be available online at htto://206.10.76.6/weblink the
Thursday prior to the Planning Commission meetin .
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation,
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation, The Item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial/industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative is encouraged to provide a contact for the city Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested persoms).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, lease contact the Planning Staff person named on the notification.
r
Disclaimer
This map is neither a legally recorded rrap nor a survey and is not imeMetl to be used az one.
This nap is a complation of retorts, information and data located in various city, county, state and
federal offices and other soumaz regardful, the area shown, and is to he used for reference
purposes only. The Cry Wes not warrant that the Geographic Intonation System (GIS) Data used
to prepare this map are error free, and the City does not represent that the GIS Data can be used
for navigational, tracking or any other purpose regaining effecting rreawrement of distance or
direction or predvon a the tlepiction of geographic features. 11 errors or discrepancies are found
Please contact 952-229-1107. The preceding disclaimer Is provided pursuant to Minnesota
Statutes §41% 03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not
be liable for any damages. and eV essly waives all clans, and agrees to defar d. indemnity, and
hold hairiness the Dry from any and all claims brought by User, as employees or agents, or third
parties which ease out of the users access or use of data provided.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one.
This hap is a compilation of records, information and data located in various city, county, state and
federal offices and other sources regarding the area shown, and is to be used for reference
purposes only. The Gty does not warrant that the Geographic Information System (GIS) Data used
to prepare this map are error free, and the City does not represent that the GIS Data can be used
for navigational, tracking or any other purpose requiring enacting measurement of distance or
dne<,ron or prec ew in the depi on of geographic featuresIf errors or discrepancies are found
please contact 952-227-1107. The preceding disclaimer is provided Wrwant to Minnesota
Statutes §466,03, Sued. 21 (2000), and the user of this map acknowledges that the City shall not
be liable for any damages, and expressly waives all Gams, and agrees to defend, adamant, and
hold harness the Gty from any and all claims brought by User, its employees or agents, or third
parties which arise out of the users access or use of data provided.
Public Hearing Notification Area (500 feet)
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd St. W. 62nd St.
Subject Property
m
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�� I
JEFFREY R BERGE &
DENISE E ZOELLMER
3856 MEADOW LN
EXCELSIOR MN 55331
GARY CARLSON
3891 62ND ST W
EXCELSIOR MN
LAUREANA VOUNG BOUALOUANG
3884 MEADOW LN
EXCELSIOR MN 55331
MEGAN J CARLSON
C/O GARY & MAUREEN CARLSON
55331 3891 62ND ST W
EXCELSIOR MN 55331
DAVID C & LISA A GAUPP
3870 MEADOW LN
EXCELSIOR MN 55331
MARK F MACPHERSON
6301 CARTWAY LN
EXCELSIOR MN 55331
RALPH A & SHIRLEY A NELSON
3800 MEADOW LN
EXCELSIOR MN 55331
CITY OF SHOREWOOD
5755 COUNTRY CLUB RD
EXCELSIOR MN 55331
RICH SLAGLE
7411 FAWN HILL ROAD
CHANHASSEN MN 55317
JEFFREY F JEWISON &
LISA J W ECKW ERTH
3842 MEADOW CT
EXCELSIOR MN 55331
WILLIAM J & KAKI L MCREAVY
3790 MEADOW LN
EXCELSIOR MN 55331
ROBIN S O'MEARA
3814 MEADOW CT
EXCELSIOR MN 55331
PETER ALEXANDER THOMSON &
CYNTHIA L GESS
4001 ASTER TRL
EXCELSIOR MN 55331
BRIAN R CARLSON
3828 MEADOW CT
EXCELSIOR MN 55331
DALE H COLLINS
10758 130TH ST
GLENCOE MN 55336
DALE E & LINDA J KEEHL
3841 62ND ST W
EXCELSIOR MN 55331
PATRICK L & BONNIE C MONAHAN
3801 MEADOW LN
EXCELSIOR MN 55331
KATHY A SCHURDEVIN
3921 ASTER TRL
EXCELSIOR MN 55331
TERRANCE LANE TOLL
6250 CARTWAY LN
EXCELSIOR MN 55331
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March 17, 2005
CITY OF
Gary & Maureen Carlson
C>�ANI�ASSEN
3891 West 62nd Street
T700 Markel Boulevard Chanhassen, MN 55317
PO Box 147
Chanhassen, MN 55317 Re: Variance, 3891 West 62nd Street — Planning Case #05-09
Administration Bear Mr. & Mrs. Carlson:
Phone: 952221.1100
Fax: 952,227.1110
This letter is to formally notify you that on March 15, 2005, the Chanhassen Planning
Building Inspections Commission approved the following:
Phone. 952.227.1180
Fax:952.227.1190 A variance for the use of a single-family dwelling as a two-family dwelling in a
Engineering Single -Family Residential (RSF) District at 3891 West 62nd Street based on the
Phone:952227.1160 findings of fact in the staff report with the following conditions:
Fax: 952.227.1170
Finance 1. The lower level dwelling unit must be eliminated or made an integral part
Phone: 952.227.1140 of the home.
Fax 952.227.1110
2. The upper level dwelling unit shall not be rented to a non -family member
Park 8 Recreation Phone952.227.1120 other than a live-in personal care attendant.
:
Fax: 952.227.1110
Recreation Center 3. All outstanding permits that have been obtained for improvements to the
2310 coulter Boulevard property must receive final inspection approval prior to occupancy of the
Phone:952.227.1400 additional unit.
Fax: 952.227.1404
Planning 8 4. The proposed dwelling unit must be constructed in accordance with
Natural Resources Minnesota State Building Code.
Phone: 952,227.1130
Fax:952.227.1110
5. Rental licenses must be obtained in accordance with Chanhassen City
Public works Code.
1591 Park Road
Phone: 952.227.1300
Fax:952.227.1310 6. The applicant/property owner must obtain permits for accessory structures
Senior Center constructed without the required permits.
Phone:952.227.1125
Fax:952.227.1110 If you have any questions or need additional information, please contact me at 952-227-
1132 or by email at imetzer@ci.chanhassen.mn.us.
Web Site
www.ci.chanhassen.mn.us Sincerely,
flan
er I
g.xplank2005 planning casesx05-09 Carlson varianczUetter of approval.doc
The City of Chanhassen • A growing community with clean lakes, quality schools, a charring downtown, lhrivtng businesses, winding Irails, and beautiful parks. A gioat place to live, work, and play.
March 21, 2005
Gary & Maureen Carlson
3891 West 62nd Street
Excelsior, MN 55331
Re: Variance, 3891 West 62nd Street —Planning Case #05-09
Dear Mr. & Mrs. Carlson:
This letter is to formally notify you that on March 15, 2005, the Chanhassen
Planning Commission approved the following:
A variance for the use of a single-family dwelling as a two-family dwelling in a
Single -Family Residential (RSF) District at 3891 West 62nd Street based on the
findings of fact in the staff report with the following conditions:
1. The lower level dwelling unit must be eliminated or made an integral part
of the home.
2. The upper level dwelling unit shall not be rented to a non -family member
other than a live-in personal care attendant.
3. All outstanding permits that have been obtained for improvements to the
property must receive final inspection approval prior to occupancy of the
additional unit.
4. The proposed dwelling unit must be constructed in accordance with
Minnesota State Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City
Code.
6. The applicant/property owner must obtain permits for accessory structures
constructed without the required permits.
If you have any questions or need additional information, please contact me at
952-227-1132 or by email at imetzer@ci.chanhassen.mn.us.
Sincerely,
Josh Metzer
Planner I
&Aplan\2005 planning cases\05-09 carlson varianceVetter of approval.doc
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
0
CITY OF
C9ANAA3SEN
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Gary & Maureen Carlson
3891 West 62od Street
Chanhassen, N N
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CITY OF CHANHASSEN
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7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227,1110
Building Inspections
Phone: 952.227.1180
Fax: 952,227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phom: 952.227,1400
Fax: 952 227.1404
Planning It
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Woda
1591 Park Road
Phone: 952,227.1300
Fax: 952 227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web site
wwor uchanhassennn.us
March 17, 2005
Gary & Maureen Carlson
3891 West 62°d Street
Chanhassen, MN 55317
Re: Variance, 3891 West 62nd Street —Planning Case #05-09
Dear Mr. & Mrs. Carlson:
This letter is to formally notify you that on March 15, 2005, the Chanhassen Planning
Commission approved the following:
A variance for the use of a single-family dwelling as a two-family dwelling in a
Single -Family Residential (RSF) District at 3891 West 62n0 Street based on the
findings of fact in the staff report with the following conditions:
The lower level dwelling unit must be eliminated or made an integral part
of the home.
2. The upper level dwelling unit shall not be rented to a non -family member
other than a live-in personal care attendant.
3. All outstanding permits that have been obtained for improvements to the
property must receive final inspection approval prior to occupancy of the
additional unit.
4. The proposed dwelling unit must be constructed in accordance with
Minnesota State Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City
Code.
6. The applicant/property owner must obtain permits for accessory structures
constructed without the required permits.
If you have any questions or need additional information, please contact me at 952-227-
1132 or by email at imetzer@ci.chanhassen.mn.us.
Sincerely,
7/� b osh M tzer
Tanner I
g:\plan\2005 planning cases\05-09 carlson varianceMener of approval.doc
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Location Map
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd St. W. 62nd St.
Subject
Property
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STAFF REPORT
PROPOSAL: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a
two-family dwelling in Single -Family Residential (RSF) District.
LOCATION: 3891 West 62°d Street
Lot 6, Schmid's Acre Tracts
APPLICANT: Gary & Maureen Carlson O
3891 West 62°d Street
Excelsior, MN 55331
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre)
ACREAGE: 3.86 acres
DENSITY: NA
SUMMARY OF REQUEST: Request for an after -the -fact Variance to allow for use of a single-
family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. Staff is
recommending approval of the request with conditions.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION -MAKING:
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi judicial decision.
Location Map
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd SL W. 62nd SL
Subject
Property
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Carlson Variance
Planning Case #05-09
March 15, 2005
Page 2
SUMMARY OF PROPOSAL
The applicant is requesting an after -the -fact variance for use of a single-family dwelling as a two-family
dwelling in Single -Family Residential (RSF) District. The site is located north of Highway 7 and west of
Church Road at 3891 West 62"d Street. Access to the site is gained via West 62°d Street.
APPLICABLE REGUATIONS
Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling.
A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be
allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial hardship.
(2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of
one driveway and one main entry.
(3) Separate utility services are not established (e.g. gas, water, sewer, etc.).
(4) The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping with
the spirit and intent of this chapter.
Dwelling unit means one or more rooms which are connected together as a single unit constituting
complete, separate and independent living quarters for one or more persons, physically separated from
any other room or dwelling unit which may be in the same building and containing permanent cooking,
eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household.
BACKGROUND
In 1988 the City of Chanhassen wrote a letter to Gary Carlson acknowledging that he had been renting a
portion of his home since 1982. As a result of grandfathering, the two rental units on the south end of
the home are considered legal non -conforming. A legal non -conforming
use is defined as a use of land that does not comply with the requirements of Chapter 20, but which did
comply with applicab}e ordinance requirements at the time the use was established.
0. 3 - I e,v�l� l
Permits to construct si addition on the north end of the homeWweru;e o tamucfedit! in 1996 &i999 and were
given final permit approval in 1999. This addition consisted of three levels; lower, main, and upper
floors. At the time of final inspection in 1999, the upper and lower levels were unfinished; therefore, the
1 City could not determine that two additional dwelling units were being established. Subsequently, both
Upp�6 �auv levels were finished with separate cooking, eating, sleeping and sanitary facilities distinguishing them as
separate dwelling units. Thegimprovements made after 1999 were deue without permits.
t
A January 28, 2003 inspection of the subject property found that the lower level dwelling unit was
vacant. This inspection also revealed that the home has five separate kitchen facilities in five separate
dwelling units. The applicant occupies one dwelling unit. One of the applicant's daughters occupies the
upper level of the new addition. The applicant stated the lower level of the new addition is unoccupied.
This lower level of the addition is completely separate from the rest of the home. It has its own
entryway and cannot access the rest of the house from inside. The two other dwelling units are those
which have a legal non -conforming status.
Carlson Variance
Planning Case #05-09
March 15, 2005
Page 3
ANALYSIS
One of the applicant's
daughters is-@ e
disabled and requires
24-hour care. She
lives on the main
level of the new
addition which is not
considered a separate
dwelling unit. Her
County authorized
Personal Care
Attendant is her
sister, who lives mot
separate per level dw(
separate dwelling unit to be used by their daughter's Personal Care Attendant. In the event that their
daughter who is the caregiver moves out, the applicant wishes to maintain the use of the separate upper
level dwelling unit as a living space for any future Personal Care Attendant. To come into compliance
with the City Code, the applicant must either remove the lower level dwelling unit or make it an integral
part of the rest of the home. This can be accomplished by creating an interior access from the lower
level dwelling unit to the rest of the home and by utilizing one main entry.
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Lower Level Dwelling Unit Main Level of New Addition UDuer Level Dwelline Unit
Carlson Variance
Planning Case #05-09
March 15, 2005
Page 4
Given the Carlson
family's unique
circumstances, staff
feels this is a
reasonable request
which complies
with the standards
for granting a
variance and is
recommending
approval of this
varianc for one
additi al dwelling
unit. W� �hCo�r�WnS,
ae 6s
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
1. There is a demonstrated need based upon disability, age or financial.
Finding: The applicant has demonstrated a need for a variance based upon disability.
2. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance
of one driveway and one main entry.
Finding: The dwelling unit has the exterior appearance of a single-family dwelling, and is accessed
via one driveway.
3. Separate utility services are not established (e.g. gas, water, sewer, etc.).
Finding: Separate utilities have not been established.
4. The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping
with the spirit and intent of this chapter.
Finding: This request will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping
with the spirit and intent of this chapter. Since no additional dwelling units are being created or
permitted beyond what already exists.
Carlson Variance
Planning Case #05-09
March 15, 2005
Page 5
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves the variance for the use of a single-family dwelling as a two-family
dwelling in Single -Family Residential (RSF) District at 3891 West 62nd Street based on the findings of fact
in the staff report with the following conditions:
1. The lower level dwelling unit must be eliminated or made an integral part of the home.
2. The upper level dwelling unit shall not be rented to a non -family member of er than a live-in
personal care attendant. "ri¢. 40 �W /50115, 1-F 50W 1 i5 -PA;5 1
3. All outstanding permits that have been obtained for improvements to the property must receive final
inspection approval prior to occupancy of the additional unit.
4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City Code.
6. The applicant/property owner must obtain permits for accessory structures constructed without the
requi `ree�d ; perJt�QQ
ATTACHiye5 v p on srde-
0�'-I'LtR.
NT
1. Findings of Fact.
2. Development Review Application.
3. Letter from Gary, Maureen & Molly Carlson dated January 10, 2005.
4. Letter from Deb Andersen dated February 10, 2005.
5. Letter from the City of Chanhassen to Gary Carlson Dated July 5, 1988.
6. Letter from City of Chanhassen to Gary Carlson dated February 12, 2003.
7. August 20, 2003 Inspection Notes.
8. Lot Survey.
9. Addition Floor Plans.
10. Public Hearing Notice and Mailing List.
gAplan@005 planning cases\OS-09 cadson variance\staff repon.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for
use of a single-family dwelling as a two-family dwelling in a Single -Family
Residential (RSF) District — Planning Case No. 05-09.
On March 15, 2005, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Gary & Maureen Carlson for an after -the -fact Variance to
allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential
(RSF) District. The Planning Commission conducted a public hearing on the proposed variance
that was preceded by published and mailed notice. The Planning Commission heard testimony
from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential — Low Density (Net
Density Range 1.2 — 4u/Acre).
3. The legal description of the property is: Lot 6, Schmid's Acre Tracts.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall
not grant a variance unless they find the following facts:
a. There is a demonstrated need based upon disability, age or financial.
b. The dwelling has the exterior appearance of a single-family dwelling, including
the maintenance of one driveway and one main entry.
c. Separate utility services are not established (e.g. gas, water, sewer, etc.).
d. The variance will not be injurious to or adversely affect the health, safety or
welfare of the residents of the city or the neighborhood where the property is
situated and will be in keeping with the spirit and intent of this chapter.
5. The planning report #05-09 Variance dated March 15, 2005, prepared by Josh Metzer,
et al, is incorporated herein.
ACTION
The Chanhassen Planning Commission approves the Variance to allow for use of a single-
family dwelling as a two-family dwelling in Single -Family Residential (RSF) District.
ADOPTED by the Chanhassen Planning Commission on this 15"' day of March, 2005.
CHANHASSEN PLANNING COMMISSION
Planning Commission Chairperson
g:\plan\2005 planning cases\05-09 =Ism vanmm\tmdings of fact.doe
CITY OF CHANHASSEN CITY OF CHANHASSEN
7700 MARKET BOULEVARD RECEIVED
CHANHASSEN, MN 55317
(952)227-1100 FEB 11 2005
VELOP IMENT REVIEW APPLICAT CHANHAS LANNINGDEPT
APPLICANT: �� (1 1i 1/ (� V `SG N OWNER: V, c� 0 U v, r' r ,J
ADDRESS: Ci l N d S f ADDRESS: N S O
X ��IS;�Ir Zn�AJ
TELEPHONE (Day Time) / L 7 ( Zj 7T�LEPHONE:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of Right-of-Way/Easements
Interim Use Permit
Variance
Non -conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site Plan Review'
X Escrow for Filing Fees/Attorney Cost"
- $50 CUP/SPRNACNAR/WAP/Metes & Bounds
- $400 Minor SUB
Subdivision'
TOTAL FEE $
Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included
with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be
invoiced to the applicant.
If you would like the City to provide mailing labels, check this box rVi
Building material samples must be submitted with site plan reviews.
'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for
each plan sheet.
"Escrow will be required for other applications through the development contract.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME:
F� 5 `�
`�
aor {)
au e
LOCATION:
9�—
LEGAL DESCRIPTION:
TOTAL ACREAGE: 3 • :5 ct C � c— -�,
WETLANDS PRESENT:
PRESENT ZONING:
YES V NO
REQUESTED ZONING: ��9 0 A -yl i I Y C� N' r' l/q / l J l
1 J
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: / 4( 10 10 1/l 1, lA U f
16 V\tjyr �av ��1, Sam �(� L°.atrr q l(Cvdc,,y/
V o,/ v-O v (f U r 2 l h n O
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information 1 have submitted are true and correct to the best of
my knowledge.
J
Signatur an��
Signature of Fee Owner
Application Received on
Fee Paid
Date
Date
Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
Giplan\fo \Developm t Review Applicatioo.DOC
Gary D. Carlson
3891 West 62nd St.
Excelsior, MN 55331
January 10, 2005
City of Chanhassen
Chanhassen City Council and Planning Commission
Re: Variance for two-family dwelling
Dear Sirs:
CITY OF CHANHASSEN
RECEIVED
FEB 1 1 2005
CHANHASSEN PLANNING OEPT
The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1).
7'here is demonstrated need based upon disability, age or financial hardship.
Our daughter Molly Carlson was hom with Cerebral Palsy that has severely affected her
motor abilities. She is 22 years old and requires a full time caregiver which must be in
living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in
which Molly currently resides. These quarters are directly connected to Molly's living
area. They are currently occupied by her sister who is her county authorized Personal
Care Attendant. If for any reason her sister can no longer provide the services as her
PICA, this variance would allow someone else to live there and continue to meet Molly's
needs.
Also attached is a letter of further verification of Molly's disabilities from her county
developmental disabilities case manager.
Respectfully,
G Carlslarson
our a �1
Molly
Carlson
SCANNED
�k50Yr4pr
ld
cow COWIty
J
0
1W - 2005
Community Social Services
Human Services Building
602 East Fourth Street
Chaska, Minnesota 55318-2102
Phone (952) 3614600
Fax (952)361-)660
February 10, 2005
Chanhassen City Council
Chanhassen, MN 55317
RE: Molly Carlson
Dear Chanhassen City Council:
I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother
& court -appointed guardian..I am Molly's developmental disabilities case manager at
Carver County Social. Services. Molly has been on my case load. since January of 2001. .
She is 22 years old and has -diagnoses of spastic quadriparetic cerebral palsy and
borderline intellectual functioning. Molly's physical disability requires that she have 24-
hour supervision and assistance for all of her activities of daily living & personal cares.
She requires the availability of a personal care attendant/caregiver in close proximity of
her except for very brief periods of time.
If you have any questions for me, please obtain a signed release of information from
Molly's guardian. I can be reached at 952-361-1616. Thank you.
Sincerely,
i)u,
Deb Andersen
Developmental Disabilities Case Manager
Carver County Social Services
Equal Opportunity Employer SCANNED
'I'll 1 §.'2003 11:40AM
MANSFIELD TANICK CHN
N0.990 P. 4 1
July 5, 1988
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. SOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Mr. Gary Carlson
3831 West 62nd Street
Excelsior, MN 55331
Dear Mr. Carlson,
It is my understanding that you h
your home since 1982. Section 20i
states that nonconforming uses eg
1987 may continue if not expanded
also provides that nonconforming;;'
altered if the "livability" of
be advised though that if you c"&s
the home for one year, you can't
Should you need further
me.
RECEIVE®
JAN 15 2003
Chft1i4SSE1VINSPEC7101VS
ve been renting a portion of
71 of the Chanhassen City Code
sting prior to February 19,
4r enlarged. Section 20-74 (b)
.7 idential units may be
knits is improved. Please
oitinue renting a portion of
rEAstablish the rental unit.
Vi-ease feel free to contact
:+e
Barbara Dacy _.µ .�''•' - z
City Planner y;
':.:1.. :w )j�.. p7.a'.�,T„GrC: ...x -.rWar•+: � `:'d`; a.., •_� :.
ti.
tirti{ �:
0
CITY OF
C13ANUSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Plwne 952.227.1100
Fax: 952.227.1110
Building Inspection
Phone: 952.227.1180
Fax 952227.1190
Engineering
Phone: 952227.116D
Fax 952.227.1170
Finance
Phore 952227.1140
Fax: 952-227.1110
Park 6 Recreation
Phone.,952M.112g
Fax: 952-227.1110
Recreation Center
2310 Coulter Boulevard
Phone:952.227.1400
Fax 952.227.1404
Planning 6
Natural Resources
Phone:952.227.1130
Fax 952.227.1110
Public Works
1591 Park Road
Phone: 952227.1300
Fat 952227.1310
Senior Center
Phone: 952.227.1125
Fax: 952227.1110
February 12, 2003
Mr. Gary Carlson
f 1t : 3891 West 62°d Street
Excelsior, MN 55331
Web She
worterchanhassen.mn.us
Dear Mr. Carlson,
Thank you for the opportunity to conduct an inspection of your home on
January 28, 2003. I have also received a letter from your attorney dated
January 30, 2003, which describes the use of your home. The code issues
involving your home will be addressed in three parts: 1) Existing rental
dwelling units on the south end of the building; 2) Dvng units in the
addition on the north end of the home; and, 3) Zoningftations.
1) Rental dwelline units: south end of buildin
The two dwelkrig t tnts oh the sougi e11d of yob Mime haft been; lolled to
tenants since approximately 1982.' In 988 th" city deternkined that t iis,..,pse,
although non -deforming, could cdntiMile f rise was notxpaddd pg
enlarged.
During the inspection, I found that the lowe4vel td t had a itvittg oo '
kitchen, bathroQngt Gird two rooms that•;appeaitd to bN hedro jns oir the s
side of the unit. these jrpoims. didrlot a fe Coinply#ng egress;gino*' s !Theaf
were no beds in these�ooiias;the bed -*as locatedduthe lrvi t aootii; wftbre
you stated the tenant sleeps, The entrancelexit door was located in the living
room.
The upper level unit consisted of a living room, kitchen, bathroom and two
hgdmms. The bedroom on the south side did not have a complying egress
window; the bedroom to the north appeared to have a complying egress
window.
These rental units are nd v retltiired tp be .licensed in accordance .City
Code Chapter 16 Ai.Mcle Vi lx W ph'was Tecently adopted, As part c
licensing, the units Must. meet hpMquif> irients of the.city's property
maintenance code. You will be receiving informa0bo. . the mail in the near
future which will explain the lidensrug red tpnr t ats Md inspection process.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. Gary Carlson
February 12, 2003
Page 2
Until such time that these units receive licenses and inspection approval, the
three rooms identified above that do not have complying egress windows may
not be used as sleeping rooms. To do so is in violation of city code.
2) Dwelling units, north end of building:
There are two dwelling units in the addition on the north end of the home.
Permits to construct the addition were obtained in 1996 and 1997. The
permits were given final approval in April of 1999. At the time of final
inspection, the lower and upper level portions of the addition were unfinished
Since that time, both the upper and lower levels of the addition have been
finished, and are now dwelling units, with separate facilities for sleeping,
eating, cooking and sanitation. The work was completed without obtaining
the required permits. The construction does not meet the requirements of the
building code for a multi -family building, and the lower level dwelling unit
does not have complying egress windows. To occupy these units is a
violation of the building code.
Permit #0203322, which was issued to you on November 27, 2002, for -
fntishing the lower level, is hereby revoked in accordance -with UBC Section
106.4.5. The permit was issued based on information that was incorrect and
therefore issued in error. Plans you submitted on January 31, 2003, cannot be
approved, as the use is in violation of zoning regulations as outlined below.
The lower level dwelling unit was vacant on January 28, 2003, and must
remain vacant until such time that it is in compliance with city code. The
dwelling unit on the upper level must be vacated by March 3, 2003, and must
remain vacant until such time that it too is in compliance with city code.
The zoning violations outlined below must be addressed before a
determination can be made as to what is required to bring the upper and lower
levels of the addition into compliance with the building code. I ask that you
schedule an inspection for March 3, 2003, to verify that the units have been
vacated as requested. You also must act within the same timeframe to resolve
the zoning violations. if you do not respond as requested, this matter will be
turned over to the City Attorney's Office for immediate action.
3) Zoning Violations:
You were given a letter from the city in 1988 stating that the two dwelling
units in your home were legal non -conforming. A legal non -conforming use
by city code cannot be expanded, intensified, replaced, structurally changed or
Mr. Gary Carlson
February 12, 2003
Page 3
replaced except to lessen the non -conformity. (City Code 20-72). It is my
interpretation that you have created a multi -family dwelling — a detached
building containing three (3) or more units. (City Code 20-1). With the
addition to your non -conforming structure you are in violation of the.city's
zoning ordinance. Your property is zoned Residential Single Family which
permits only one (1) Single Family detached dwelling unit.
You must immediately cease the renting of your additional units. Your only
relief from this requirement is to request a rezoning of your property (City
Code Section 20-42). It is unlikely the staff would support a one lot rezoning
in the middle of a single-family residential district. Or, you may request a
zoning appeal (City Code Section 20-28(2)) if you believe that there has been
an error in the decision or determination made by an employee. In this
instance, it was our interpretation of your dwelling as a multi -family dwelling
that is the violation of the city code.
Again, you must stop renting the additional dwelling units immediately.
Please contact me if you wish to pursue either option I have identified to
resolve the zoning issue. My telephone number is 952-227-1137. If you have
building code questions, contact Steve Torell at 952-227-1199.
Sincerely,
Khthryn R. nson
Community Development Director
Vven Torell
Building Official
pc: Roger Knutsen, City Attorney
Robert Reid, Building Inspector
Mark Uttfm, Fire Marshal
Mr. Gregory Miller, Mansfield Tanick & Cohen P.A.
Property file: 3891 West 6Vd Street
gfsafety/st/ltrs/Occupancy/Violations/3891 62°" Street2
PROPERTY INFORMATION
Complex Name PRIVATELY OWNED
Company/OwnersName GARY CARLSON ...,�-
Last Name ICARLSON „�,.-..-.._,.^....First Name GARY Initial
Address 3891 WEST 62ND.STR...EEf
w....�.�...�,,.�....
City 1EXCELSIOR _ State = Zip Cod 55331-
Work Phone (95a4743354 Fax Number Email Address
Notes
family home w/2 rental units, upper unit and basement unit. 3 car attached garage, with carport. 2
hed garages. 2 story storage shed. I story shed. Playhouse. 2 horse stables/barns. Main building has 5
ate kitchen areas for 5 inividual living areas. Owner occupies one living area, daughter occupies one living
one living area for guests, 2 living areas are rental dwelling units.
Property Manager Name GARY CARLSON
Property Manager Phone (952) 474-3354
Rental Space Address 3891 WEST 62ND STREET Apt #
city JEXCELSIOR State MN Zip Cod 55331-
Tenant Phone
Tenant Fax Number
Tenant Email Name
Date of Inspection
Datelssued
Notes
r A�,B/20/2003
acres.
License Number 00-00036
I
y.
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It
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2L-C-1 rlg00
N lei IF& Y—
Mr. Gary Carlson
389, W 62nd St
0
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Gary Carlson
I W 62nd St.
d
Mr. Gary Carlson
3891 W 62nd St
F.xrrN;,. KAxr «,
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Mr. Gary Carlson
3891 W 62nd St
elsior. MN 55111
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
March 3, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Carlson Variance Request — Planning Case No. 05-09 to the persons named on
attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner,
and depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and sworn to before me
this;-jjrLL day of trVAfCh
Vy�h , 2005.
Notary Public
Qc[.,
K n J. ngel ardt, Di4uty Clerk
KIM I MEM11SSEN
3' Notary Public -Minnesota
�: My Commissbn Expires Jan 3 2070
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, March 15, 2005 at 7:00 p.m.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for an after -the -fact variance to allow for use of a
Proposal:
single-family dwelling as a two-family dwelling in Single -Family
Residential (RSF) District
Planning File:
05-09
Applicant:
Ga and Maureen Carlson
Property
3891 West 62"d Street
Location:
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please stop
by City Hall during office hours, 8:00 a.m. to 4:30 p.m.,
Monday through Friday. If you wish to talk to someone about
this project, please contact Josh Metzer at 952-227-1132 or e-
Questions &
mail imetzer(Ool.chanhassen.mmus. If you choose to submit
Comments:
written comments, it is helpful to have one copy to the
department in advance of the meeting. Staff will provide
copies to the Commission. The staff report for this item will
be available online at http://206.10.76.6/weblink the
Thursday prior to the Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission, City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercialfndustrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative Is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be Included in the report to the City Council. If you wish to have
something to be Included in the report, please contact the Planning Staff person named on the notification,
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, March 15, 2005 at 7:00 p.m.
Locatiorl
City Hall Council Chambers, 7700 Market Blvd.
Request for an after -the -fact variance to allow for use of a
Proposal:
single-family dwelling as a two-family dwelling in Single -Family
Residential (RSF) District
Planning File:
05-09
Applicant:
Gar, and Maureen Carlson
Property
3891 West 62n Street
Location:
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please stop
by City Hall during office hours, 8:00 a.m. to 4:30 p.m.,
Monday through Friday. If you wish to talk to someone about
this project, please contact Josh Metzer at 952-227.1132 or e-
Questions &
mail imetzer@ci.chanhassen.mn.us. If you choose to submit
Comments:
written comments, it is helpful to have one copy to the
department in advance of the meeting. Staff will provide
copies to the Commission. The staff report for this Item will
be available online at http://206.10.76.6/weblink the
Thursday prior to the Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any Interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent Information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the Item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commerclavindustdal.
• Minnesota Stale statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any Interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be Included in the report to the City Council. If you wish to have
somethingto be included In the report, lease contact the PlanningStaff arson nametl on the notification.
his that, is neither a legally recorded map nor Is survey and is lwt intended to be used as are.
his map is a omViIIatim of records, intormation and data located in various oty, camty, state and
:decal offices and other sources regardng the area shown, and is to be used for rslarence
urposes onty. The City does out warrant that the Geographic Infomation System (GIS) Data used
f prepare this nap are error free, and the City does not represent thal the GIS Data can be used
1r navigabma, tracking or any other purpose requirng exuding measurement of distance or
irection or preosim in the depction of geographic features. If enors or discrepancies are found
lease colas 952-227-1107. The pmedng disclaimer is povided pursuant to Minnesota
tatums; §41W,03, Subd. 21 (2000), mil the user of this rrep acknowledges that the City shall not
e liable for any Barrages, and expressly waives al dents, and agrees to defend, indemnify, and
old harmless the (Sty from any and all claims brought by User, its employees or agents, or third
artier which arse Out of the use's access or use of data provided.
his map is neither a legally recorded map nor a survey am is not intended to be used as me.
his map is a conpilatim of records. information and data located in various sty, county, state and
aderal Offices and Other Sources regarding the area shown, and Is to IR used for mfeo l e
'mosses only. The City does not warrant that the Geomaphic Infornatim System (GIS) Data used
3 prepare this rrap are anor free, am the City does not represent that the GIS Data can be used
Dr navigational, tracking or any other purpose requiring exacting np3^,uremenl of distance or
Inaction or preclsim in die depiction of geograpnic featuresff errors or bscnyrenoes are found
Aerie contact 952-227-1107. The pracedng 6sdaimer is provided pursuant to Minnesota
.latutes §466.03. Subd. 21 (2000). and the user of this nap ackrrowtedges that the City shall not
is Made fa my Uarreges, and expressly waives all darts, and agrees to defend, in oury ily, and
ad hamvess the City from any and all clams brought by User, ss employees or agents, or third
eib- which adee Wt of the use's access or use of data mi, ided
Public Hearing Notification Area (500 feet)
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd St. W. 62nd SL
Subject Property
c�a bane —
ow
m ��a
"LakeViinia
woof
m
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den C
t
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Lake Minnewasht
`��ee Qreslvew r v
m 'u eCi
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1
JEFFREY R BERGE & LAUREANA VOUNG BOUALOUANG BRIAN R CARLSON
385E MEADOW
DENISE E ZOEL LLMN 3884 MEADOW LN 3828 MEADOW CT 5
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
GARY CARLSON
3891 62ND ST W
EXCELSIOR MN 55331
DAVID C & LISA A GAUPP
3870 MEADOW LN
EXCELSIOR MN 55331
MARK F MACPHERSON
6301 CARTWAY LN
EXCELSIOR MN 55331
RALPH A & SHIRLEY A NELSON
3800 MEADOW LN
EXCELSIOR MN 55331
CITY OF SHOREWOOD
5755 COUNTRY CLUB RD
EXCELSIOR MN 55331
RICH SLAGLE
7411 FAWN HILL ROAD
CHANHASSEN MN 55317
MEGAN J CARLSON
C/O GARY & MAUREEN CARLSON
3891 62ND ST W
EXCELSIOR MN 55331
JEFFREY F JEW ISON &
LISA J W ECKW ERTH
3842 MEADOW CT
EXCELSIOR MN 55331
WILLIAM J & KARI L MCREAVY
3790 MEADOW LN
EXCELSIOR MN 55331
ROBIN S O'MEARA
3814 MEADOW CT
EXCELSIOR MN 55331
PETER ALEXANDER THOMSON &
CYNTHIA L GESS
4001 ASTER TRL
EXCELSIOR MN 55331
DALE H COLLINS
10758 130TH ST
GLENCOE MN 55336
DALE E & LINDA J KEEHL
3841 62ND ST W
EXCELSIOR MN 55331
PATRICK L & BONNIE C MONAHAN
3801 MEADOW LN
EXCELSIOR MN 55331
KATHY A SCHURDEVIN
3921 ASTER TRL
EXCELSIOR MN 55331
TERRANCE LANE TOLL
6250 CARTWAY LN
EXCELSIOR MN 55331
r�s p0
0 Sub = S F `
fFdd:��i t.
077771,
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95<9
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4.0
C"OF CHMHA$ EN \ `
RECEIVED
FN aANNINc �FP, ' .
ti
,'
TT INSPECTION REPORT �o0 l
CITY OF CHANHASSEN, MINNESOTA
937-1900
INSPECTION FOR DATE 22 TIME
TIME & DATE INSPECTION DESIRED
ADDRESS_ 3 v ) LN/Jti
PERMIT NO.
CONTRACTOR TAKEN BY:
WATER METER
REMOTE
t CORRECTIONS
,-
"WWWWWGRM,
ll
ON
A
a
i o corrections are listed above approval is hereby given t proceed, You wil a in
violation of the ordinance if you do not call for the proper Inspections and make col
rection as called for.
PUBLIC SAFETY DEPARTMENT
Building and Zoning Division
"M Coulter Drive - P. O. Box 147
Chanhassen, Minnesota 55317
612 - 937-1900
APPLICATION FOR BUILDING PERMIT
SITE _.. , -T-
Annoeec
3 Address
Tel. No.
Name SA;IE
_ off Address
00
0 ¢ City W. Tel. No.
F----------------------------
License No. H. Tel. No.
hereby acknowledge that I have read this application and state that the information
a correct and agree to comply with the Chanhassen, Minnesota ordinances and the
hate of Minnesota Iaws,regulating building construction.
Signature of
a .
'ermittee i
CALL FOR ALL INSPECTIONS LISTED
ON BUILDING CARD PHONE 937-1900
NO NOT WRITE IN THIS SPACE
PERMIT ISSUED
TO: GARY D CARLSON
On the express cond on that all work shall be done in accordance with
the ordinances and building codes of the City of Chanhassen and the
State of Minnesota. This Permit is void if work is not commenced within
120 days or abandoned for 120 days.
BuiAding Inspection Division
By
G APPROvALs
MARSHAL:
date:
SERIAL NO. B 9574
YEAR BUILT C llri
CITY OF
DATE - -
CHANHASSUEST.
BUILDING VALUE_
RES. COM.
IND.
NEW EXISTING
P.I.N.
SUBDIVISION
LOT
BLOCK
SECTION t NORTH HALF
Building
Plan Check
Surcharge
S.A.C.
Sewer Surcharge
Park Dedication
Trail Dedication
Water Unit
Sewer Unit
Water Meter
Sales Tax
PUBLIC
SOUTH HALF
Lj
$
g AL-. $
f $
SEASON PORCH/ $
EXERCISE AREA $
License Fee $
Other Fee CROSTON CONTROL ESCWYJ$
Total if Assessed $
.':.
Total'rf not Assessed $ ii'jb.11 cif';:.
c9N DRIVERS LICENSE #:
SIGNER .LUST BE CONTRACTOR, CONTRACTOR'SAGENT OR EMPLOYEE
"•OFFICE USE ONLY"
„• -
u
11 1 YGJ
Stan Review Fee ..................... �..0 .... =�5
State Surcharge .........................$r. ".......
LicenseFee ....... ........ ......... - ............ .....
SAC Fee - (— units) ........................... .
Sewer Surcharge ........................................
Park Dedication Fee ...................................
Trail Dedication Fee ..................................
Trunk Water Hookup ................................ .
Trunk Sewer Hookup ..................................
WaterMeter ...............................................
SalesTax ....................................................
Erosion Control Escrow .............................. • 00
..............................
TOTAL......... ........................................... 6 l� .
ONE & TWO FAMILY DWELLING
, cllmg square t ootage:
st Level (basement) 2nd Level 3rd Level Jth Level
inished Finished Finished Finished
Jnfinished Unfinished Unfinished Unfinished
iarage Square Footage: Attached Detached Tuck Under
iVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑
lumber of Baths: Full 3/4 1/2 Number of Bedrooms
lumber of Fireplaces: Masonry Manufactured Other
?eck 3 Season Screen
T nnd-
V.A - '4TION
TT e V.y one.& n n family dweilim
Baseamt //
Unfinished r` • T s,L ,r S11.65=
FMLSI. new S21.65=
Finish. exist, s.L c S10.00=
vtn s t x
Znmshed living a=
52 x
II= >
e 6dt s
bout
iaa
M=a s
X
CGCK
�+- x
?otc}t
TOTAL
Finished
Unfinished
Contact Person
Phone:
*
-- Construction Type:
ription of Work:
S57.39= i Air ❑ Space Heat C Hot Water ❑ Steam ❑
S47.33= of Improvement
r.000' = DE REVIEW OUTLINE must be submitted with application.
S1oon
53000.=
S 10.00 =
$cmZ 313.00=
i S.8wn i! S.L x S 24.00=amp- (,el
s.i. x 317.72=
7
E OTHER IMPROVEMENTS
Contact
Contact
'Suction Type: Occupancy Classlfication(s):
d Air C Hot Water C Sprinklered Yes ❑ No
Occupancy Classification:
Occupancy Classification:
I v "Pan [ enam: l T(!s 12 y- ' (' v— l 5- f
N
Contact Person:
JCv}-r.�
Current Phone: LLB
3 �,
Shed ❑ Deck ❑ Basement Finish ❑ Repair ❑
Remodel ❑
Addition�Fence
❑ Pool ❑
Demolition UST Removal C UST Installation
Sign ❑
Fire Sprinkler ❑
FireAlarm [IGrading
Reroof ❑ Fireplace Other ❑
Explain: �j c�Z ✓• i l \_ mil—
�'✓ _
!7i . n �.
/!� t I d_ �; �► Y P. L .. 1 B
(Square Footage: ^ U C1 Dimensions Value of y-r}E+ ) O G
SUB
WITH CO
CITY OF
PROVED P
>I 'NENT
Z MUST
ent T^iUM16ERS RE•.�x�IRtD a
NO OCCUPANCY ALLOWED
UNTat�►.1 roN�gs�y r �pY
MLL BUILMNO INS09CTOR fl}�gagppp '" 'roject _--�-�
,•":ayye�''-N� UM �0.00 F"t`• L
JC-CQ�� � S�Zt Wa3 L.VC�ca��
L
PLUMBIN ,
HVAC AND ELECTRICAL `.
1I PERMITS
D INSPECTIONS REQUIRED
BEf0RI
FRAMING INP�CTION
rj b+c
T-o
i
VED
'PR
ECT TO CO
PLIANCE
s
ES AND FIEL
INSPECTION
.
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INS, SURVEY
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ER
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OR INSPECTI
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SCALE: 1 SQUARE EQUALS 1 FOOT
INSPECTION REPORT
1 CITY OF CHANHASSEN, MINNESOTA
G � 9 7-1900,,
INSPECTION F DATE TIME
TIME & DATE SPECTION 3� DESIRED n
ADDRESS A r/ q'/ *A o >-- "' PERMIT NO. ��/,T
CONTRACTOR '-"' ' TAKEN BY:
WATER METER
REMOTE NO._
LOCATION_
CORRECTIONS
If no corrections are listed above, approval is hereby given to proceed. You will be in
iolation of the ordinance if you do not call for the proper inspections and make cor-
rection as called for.
Date Time Inspector
ii
' INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
937-1900
INSPECTION FOR _a DATE TIME /
TIME & DATE INSPECTION DESIRE �h` `(d\�-�-
ADORE SS"�/";'��`�/%`-^^NI.,�J_ t�N PERMITNO. qs 7�
CONTRACTOR `�Yii L-C�]N "\ TAKEN BY:81
WATER METER NO.
REMOTE NO.
CORRECTIONS
If no corrections are listed above, approval is hereby given to proceed. You will be in
violation of the ordinance if you do not call for the proper inspections and make cor-
rection as called for.
i z_�'
Date Time Inspector
n
dtj
INSPECTION REPORT
IT OF CHANHASSEN, MINNESOTA
937-1 00
1 P T10 F DATE TIME
zz
TIME &DATE INSPECTION DESIRED �
rG�-
ram,
ADDRESS VI/ `� � �iJ s fpERMIT NO.�
CONTRACTOR TAKEN BY:
WATER METER NO. qq
REMOTE NO. t/
CORRECTIONS ,
06
l 1 $FOAM n ��I.trw� �w�.�r OD ) (!"O'�✓�1 Ali
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If no corre ions are listed above, approval j6 Fbreby given to proceed. You Will be in
violation of the ordinance if you do not call for the proper inspections and make cor-
rection as called for.
D e t Time Inspectors
STOP
DO NOT PROCEED
amr;rlorftro
:1111
�. �.�as N'A66EI'i
690 COULTER DRIVE
CHANHASSEN; MN 55317
612-937-1900 FYt_21
PERMIT NO:
„ot l�c,b yt!?ck UU0-
'1 t 'Vy1')e bU11diIhI
1r"Pert-y Type tbetacheet •sInclie tamI iy (r '+)
1 '.-,'Strul7LIOf1 T'y1:,: Add tiof-%
A-11'Jf ly ; M15c:
Va#uatIOn.
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Y C:ARL',<)N
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Gary Carlsc,n
A
.A
x. i West b nd Street
R
3891 west k:Lrid Sti,-,.
TUts,or,
MN `,3Ji
C:xce isior, MN 51_1351
s
t hereby acknowledge that I have read this application and
state that the information is correct and agree to comply with
the Chanhassen . Minnesota ordinances and the State of
Minnesota laws regulating building construction.
Signature of
Permittee W
This permit is conditioned upon compliance with: (1) specific
conditions mentioned elsewhere on this permit; (2) The
approved plans and specifications; (3) the applicable City
approvals, Ordinances and Codes; and (4) the Minnesota
State Building/Health Codes . This permit is for only the work
described and does not grant permission for additional or
related work which require separate permits. This permit will
expire and become null and void if work is not started within
180 days or if work is suspended or abandoned for a period
of 180 days any time after work has commenced. All required
inspections shall be requested in conformance with the
Minnesota State Building/Health Codes.
APPROVED BY:
Permit tee (Valuatiunl
Plan ct-ieck,
_surcharge 1 bus ldirtq,
M15c. Fee
'Pi)`fAi
SEPERATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE
dNE & TWO FAMILY DWELLING
Dwelling Square Footage:
1st Level (basement)
2nd Level
3rd Level
4th Level
Finished
Finished
Finished
Finished
Unfinished
Unfinished
Unfinished
Unfinished
Garage Square Footage:
Attached
Detached
Tuck Under
HVAC System: Oil ❑
Gas ❑ Electric ❑
Forced Air
❑ Hot Water ❑ A/C ❑
Number of Baths: Full
3/4
1/2
Number of Bedrooms
Number of Fireplaces: MasonryManufactured
Other
Deck 3 Season
Screen
Value of Dwelling Excluding
Land
C COMMERCIAL AND INDUSTRIAL
OccupanVfenant:
Current Address:
❑ Alter ❑ Repair ❑ Addition ❑ Square Footage:_
on in Building: Descrij
erect: Yes ❑ No ❑ Occupancy Classification(s):
System: Gas ❑ Oil ❑ Electric ❑ A/C ❑ Forced e
Value: Acreage: Value of
Completed COMMERCIAL PERMIT REQUIREMENTS and COD
D TENANT IMPROVEMENTS
Building Manager:
New ❑ Alter ❑ Repair ❑ Square Footage: Constn
Description of Work:
RVAC System: Gas ❑ Oil ❑ Electric ❑ A/C ❑ Forced
Tenants:
E OTHER IMYROVEMENTS
Basement
TOTAL
Finished
Unfinished
VALUATION
Tvne V-N. one & two fgazilvdwelliriL
Unfinished
s.f. a
Finish, new
s.f v
Finish. exist.
s.f. x
Living Area
s.f. x
llafpshed living area
J� s.f. x
Baths >2
AfJ1 x
barh
Fireplace
Manuf=L
# x
Masonry
_ k x
Deck s.f. x
Porch
Screened s.f x
3 Season s.f x
a a e s.f. x
S12.21 =
$22.21 =
S10.00=
s60.i4 _
S50.54=
S2000.= 1
S 1000. =
S3000. _
S10.00=
s 18.00=
S 24.00 =
S 18.49=
i
Sz Z
eccupanyrenant:
=61V,
17a to SC-1
Contact Person:
��Y Ct N N
_
Current Phone: t i 5 Lr C 4
Shed ❑ Deck ❑
Basement Finish ❑
Repair ❑
Remodel ❑
Addition K
Fence ❑ Pool
Demolition ❑ UST
Removal ❑ UST Installation ❑
Sign ❑
Fire Sprinkler C
Fire Alarm
Grading ❑ Rerroof
C Fireplace ❑
Other ❑
E.�plain: �CS
•�—rr d �� � �
/i� E' CS
r � E' G4'1
"��t"�'r'1'(t
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Square Footage: Z () t J()_Dimensions: Value of Improvement: r�
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INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
937-1900 Ur 2
INSPECTION FOR DATE TIME
TIME & DATE INSPECTION DESIRED
ADORE C� /2`�-+n R I NO. Iq006�/
CONTRACTOR- +�v (-�/v TAKEN BY:.. ✓'
WATER METER
REMOTE
CORRECTIONS
.77 -14?Oo
It no corrections are listed above, approval is hereby given to proceed. You will be in
violation of the ordinance if you do not call fo he proper inspections and make cor-
rectY as c led for.
Dete Time Inspm or
INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
937-190b I
INSPECTION FOfl "� DATE
WATER METER
REMOTE
LOCAT
CORRECTIONS
TIME --
:r�K
ST�s 6 "r A- � Z '/
'�i�✓65 uJ% o? 03 1�a+Jes¢.C.a� i.�J7-o
It no corrections are listed above, approval is hereby given to proceed. You will be in
violation of the ordinance if you do not ca the proper inspections and make cor-
rection s called for.
Date Time Ins ctor
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tom' INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
9_37-1900
INSPECTION FOR L* t ., ]I LS ' DATE '� TIME
TIME & DATE INSPECTION DESIRED `}' O C)
ADDRESS}'til Ll 6 6/-"� PERMITNO.`2�"-��'�0 J
CONTRACTOR LLI A- -L-Crk'� TAKEN BY:�11„
WATER METER NO.
REMOTE
violation of the ordinanc
rection as called for
CORRECTIONS
ral is hereby given to prciceecF. You win be in
call for the proper inspections and make cor-
Z_,3-�ldc'-� /, 5'
Date Time Inspector
INSPECTION
INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
937-1,�'900
l y f- rc 'L DATE �/�/
^�� TIME
TIME & DATE INSPECTION DESIRED
• `� r�
��(I'
-Q
L°v�
�
!
ADDRESS
1.�� !,]/1
PERMIT NO.
C
r�i��-'-->•^-•�
CONTRACTOR
TAKEN BY:
—
WATER METER
REMOTE
LOCATI
VADDIPPTIrHJB
Tr no corr tions are listed above, a proval is her t y given to oceed, u will be in
violation o the ordinance if you do not call for t e proper inspections and make cat
-
recjn
t�iioonn ass aI fled for.
Date Time Inspector
n ^ INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
937-1900
_ I °7
INSPECTION FOR ' DATE }/�L/ TIME 'y1--
TIME & DATE INSPECTION DESIRED
/703 �/ 1,y/-
ADDRESS _ J V I I N ll/ �� S PERMIT NO. I G`�' l 7
CONTRACTOR
WATER METER NO REMOTE
IS10ZOL11119 J
CORRECTIONS
TAKEN BY: _
If no corrections are listed above, approval is hereby given to proceed. You will be in
violation of the ordinance if you do not call for the proper inspections and make correction
as called for.
� sa
Date Time Inspector
(� ,' IINJrtkl 1 lull PStru" I
�"' CITY OF CHANHASSEN, MINNESOTA
937-1900
INSPECTION " — DATE _tTIMEE
TIME & DATE INSPECTION DESIRED �p 13
V
4.
ADDRESSC L / 5; v "` iSMIT NO( 5/l
CONTRACTOR -TAKEN BY:_S,__..._
WATER METER NO REMOTE NO.
LOCATION
t(
CORRECTIONS
-14::� A Am,` 7 LI A -IL I n -W al 0111 U In 114 «
If no corrections are listed above, approval is hereby given to proceed. You will be in
violation of the ordinance if you do not call for the proper inspections and make correction
as called for.
-zD
Date Time Inspector
City of Chanhassen Complaint Form
Date
S(a
nt Information
Date:
Last First Middle DOB
0✓! MJ�.t,S
Address City State Zip
Home Phone Work Phone Email Address
Subject Information
Last Isom First
Address iAi. �p City
i
Home Phone Work
3
Middle DO
State AN-0 Zip
Email Address
Complaint Information
Type of Complaint
Location
Nuisance, Misc.
Animal
Debris
Storage
But ing Cod
Fire Code
Noise
Criminal
Parking
Traffic
Action Taken/Comments:
Please check alibropriate box:
Advisory Letter Certified Letter Certified Notice
Referred to Street Dept. Referred/City Attorney Citation Issued
Referred to CCSO El Referred to Engineering 7 Referred to Utilities
Meeting
Other:
Resolution/Result:
Voluntary Compliance Action Pending No Further Action
Other:
Phone Call
aWarning Tag
In -Person
❑ Court Referral
Date entered into computer,
g/safety/insp/form/Complaint Form
jopedsVI awl oleo
f
NOIlVOO-1
'ON 310W3kf� ON 8313W H31VM
AS N3MVl L/wI FiOlOVEIINOO
'ON llI SS3800V
03HI530 N01103dSN1 31V0 8 3WIl
3WI1 31pQ, aOj N01103dSN1
u
0061-L£6
V10S3NNIW 'N3SSVHNVH0 d0.1110
iklOd3Fd N01103dSNI
City of Chanhassen METER No:
7700 Market Blvd. - PO Box 147
PERMIT No.:o203322
Chanhassen, MN 55317
952/227-1180 FAX: 952/227-1190DATE ISSUED:
PRINTED WITHOUT ISSUING 11/27/2002
Address :3891 West 62nd Street
PIN :257700070
Legal Desc :Subdivision SCHMID'S ACRE TRACTS
:Lot Po6 Block 000 Parcel
Permit Type :Building
Property Type :Detached Single Family (r-3)
Construction Type :Basement Finish
Activity :Misc.
Valuation :5,000.00
OWNER
Gary Carlson
3891 West 62nd Street
Excelsior, MN 55331
GARY CARLSON
3891 West 62nd Street
Excelsior, MN 55331
The work for which this permit is issued shall be
3erformed according to : (1) the conditions of this
Dermit; (2) the approval plans and specifications; (3) the
applicable city approvals, Ordinances, and Codes; and,
;4) the State Building Code. This permit is for only the
Nork described, and does not grant permission for
additional or related work which requires separate
permits. This permit will expire and become null and
void if work is not started within 180 days, or if work i
ssuspended or abandoned for a period of 180 days any
:ime after work has commenced. The applicant is
'esponsible for assuring all required inspections are
'equested in conformance with the State Building Code.
ssued by: Steven Torell, Building Official
amity of Chanhassen
Permit fee (Valuation)
PLAN CHECK (BUILDING,ISTS)
STATE SURCHARGE (BLD,PLB,HVA
Total
Iola I
y �(,?7-6
$111.25
$72.31
$2.50
$186.06
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
H ONE & TWO FAMILY DWELLING
I" Level (basement) !ad Level 3rd Level 4" Level Total
Finished Finished Finished Finished Finished
Unfinished Unfinished Unfinished Unfinished Unfinished
Designate Energy Code Compliance: MN Rules 7670 (CAT 1) _ or MN Rules 7672 _ Path 0 _ 1 _ 2 _ 3 _ 5
Garage Square Footage: Attached Detached Tuck Under
HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Mechanical Ventilation ❑
Number of Baths: Full '/a %, Number of Bedrooms Number Future Bedrooms
Number of Fireplaces: MasonryManufactured Other
Deck - Sq. Footage 3 Season Porch - Sq. Footage Screen Porch - Sq. Footage
Value of Dwelling EXCLUDING Land:
/'.rTM "1RIMAT. ATan TWTTTTATRTAT
Occupantrfenant: Contact Person:
Current Address: Phone (H): (W):
City: State: Zip:
New ❑ Alter ❑ Repair ❑ Addition ❑ Other ❑ Square Footage: Construction Type:
Location in Building: Proposed Use:
Description of Work:
Sprinklered: Yes ❑ No ❑ Occupancy Classification(s):
HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Space Heat ❑ Hot Water ❑ Steam ❑
Land Value:
Value of Improvement:
SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS
D TENANT IMPROVEMENTS
OccupanvTenant:
Contact Person:
Current Address:
Phone (H): (W):
City: State:
Zip:
Building Manager:
Contact Person:
Address:
Phone (I): (W):
City: State:
Zip:
New ❑ Alter ❑ Repair ❑ Square Footage:
Construction Type: Occupancy Classification(s)
Location in Building:
Proposed Use:
Description of Work:
HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Hot Water ❑ Sprinklered: Yes ❑ No ❑
Adjoining Tenants:
Name: Address:
Occupancy Classification:
Name: Address:
Occupancy Classification:
Proposed Use:
Value of Improvement:
SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS
E OTHER IMPROVEMENTS
Occupant/Tenant: �� /y V A r, of
Contact Person: (A A6L\ is
Phone (H)4cz t/ 7 L, (Vi): 33
Addition ❑ Basement Finish Deck ❑ Demolition ❑
Fence ❑ Fireplace ❑ Grading ❑ Pool ❑ Remodel ❑
Repair ❑ ❑ Shed UST Installation ❑ UST Removal ❑ Other ❑ Year home was built
`Remof
Explain: 5^Cc o t
C1. V`
Square Footage: Dimensions:
Value of Improvement:5a C� n. r, c ?
g:\SateLyTorm\bidgVplicationibidgapplication. oc
revised 11101
h
APPROVED
SUBJECT TO COMPLIANCE
WITH CODES AND FIELD INSPE'CTIOW.
:ITY OF CHANHASSEN BUILDING DEP i
DATE LL.�`--
5" NCONTRASTING UMBERS REQUIRED SE
MIN. 5' ABOVE GRADE
APPROVED PLANS, SURVEY, MFG.
COMPONENT SPEC'S AMID PERMIT
CARD MUST BE ON JOB SITE AT MINIMUM
ALL TIMES HEIGHT
-17 L
NO OCCUPANCY A1,0WES '
UNTIL FINAL INSPECTION AND AyAL
CALL BUILDING INSPECTOR 937-
PENALTY-MAXIMUM $500.00 FINES \ I
Moisture -resistant materials re
in showers. Water-resistant gt
may NOT be used over vapc
7'- IT
UL
�< A smoke detector, audible In an PRESSURE TREATED
sleeping areas, Is required on all BOTTOM
PLUMBING, HVAC AND ELECTRICAL
PERMITS AND INSPECTIOq$ REQUIRED
BEFORE FRAMING TION
� a o33a a
CALL FOR IN
levels and in each sleeping area
PLATES REQ'D
Including existing sleeping areas
Basements and everyi sleeping room shay
have at least one window with a sill height
of not more than 44"lahove the floor and
shall provide not less than 5.7 so. ft. of
operable area with no,width less than 20"
and no height less than 24".
-FOOTING/` -- HANDRAIL _
—FOUND WALL REINFO4fNG 34" - 38" ABOVE TREAD NOSINC
E-B-ACKFiLL INSPECTION
�AN!{NG & SHEHTFiiNG
4ZINSULAT
LATH
retarder.
Provide Outside Combustion
�DRYWA Air To Furnace Area of tin
FINAL� Retum Bin $�
?FINAL
FIREBLOCK ALL SOFFITS
AND DROP CEILINGS
INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
952-227-1180
INSPECTIONFOR—' AL/` J' '— qf4", DATE —TIME —
TIME & DATE INSPECTION DESIRED
ADDRESS 3� I "" ^� PERMIT NO.
CONTRACTOR
WATER METER NO. REMOTE
LOCATION
CORRECTIONS
TAKEN
Make corrections as listed above and schedule a re -inspection. You may not cover,
conceal or proceed with construction in any areas that require correction until
authori d fby the buildings offciial.
Date J T' Ime nspe=r
3 n INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
Y 937-1900
INSPECTION FOR /` DATE)
TIME & DATE INSPECTION DESIRED 's U�-"' 1
TIME
L/
ADDRESS
�{.�
" 2/2 4/
PERMITNO. v���
CONTRACTOR
C�.
` (/ -
l�
� —TAKEN
BY.
WATER METER NO
REMOTE NO.
LOCATION
CORRECTIONS
If no corrections are listed above, approval is hereby given to proceed. You will be in
violation of the ordinance if you do not call for the proper inspections and make correction
as called for.
Date Time r— Inspector
INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
�9/52-227-1180
INSPECTIONFOR1
TIME & DATE INSPECTION DESIRED _T//,^,_(R) y / '� z <�
ADDRESS
1 4Ll� �� "PERMIT NO.
s9 `7 y l .,
TAKEN BY:
WATER METER NO. REMOTE
LOCATION
CORRECTIONS
Vl WC.� (J4�Ltl�;iG
r
Make cDlrections as listed above and schedule a re- spection. You may of over,
conceal or proceed with construction in any areas that require correction until
authorized byrthe building official.
L � /L
Date Time �� f
nspec or
j INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
952-227-1180
INSPECTION FOR ' `'-`• DAt�LTIME
TIME & DATE INSPECTION DESIRED a
ADDRESS 3 � 71 .� - &a. ��ERMITNO. ad
CONTRACTOR (" TAKEN BY. i
WATER METER NO. REMOTE NO
LOCATION
CORRECTIONS
ZQ 3SZZ At Vo)C) —
r.
Make corrections as listed above and schedule a re -inspection. You may not cover,
conceal or proceed with construction in any areas that require correction until
authorized by the building official.
Ti a T Inspector
CITY OF
CI1t1l1I1HIJSEN February 12, 2003
7700 Market Boulevard
PO Box 147
Chanhassen, MN55317
Mr. Gary Carlson
3891 West 62nd Street
Administration
Excelsior, MN 55331
Phone:952.227.11 t10
Far. 952227.1110
Dear Mr. Carlson,
Building Inspections
Phone:
Fax:95z.z27.1190
.952.227.1190
Thank you for the opportunity to conduct an inspection of our home on
Y PP tY P� Y
January 28, 2003. I have also received a letter from your attorney dated
Engineering
January 30, 2003, which describes the use of your home. The code issues
Phone:
involving our home will be addressed in three arts: 1) Existing rental
g Y P g
Fax:9sz221.1no
52227.1170
dwelling units on the south end of the building; 2) Dwelling units in the
Finance
addition on the north end of the home; and, 3) Zoning Violations.
Phone: 952.227.1140
Fax: 952 227.1110
11 Rental dwelling units, south end of building:
Park & Recreation
Phone:952.227.1120
The two dwelling units on the south end of your home have been rented to
Faz:952.221.1110
tenants since approximately 1982. In 1988 the city determined that this use,
Recreation center
2310Coutter8oulevard
although non -conformity could continue if the use was not expanded or
gh g. P
Phone:952227,1400
enlarged.
Fax: 952.227.1404
During the inspection, I found that the lower level unit had a living room,
Planning &
Natural Resources
kitchen, bathroom and two rooms that appeared to be bedrooms on the west
Phone:952227.1130
side of the unit. These rooms did not have complying egress windows. There
Fax: 952.227.1110
were no beds in these rooms; the bed was located_ in the living room, where
Public Works
you stated the tenant sleeps. The entrancelexit door was located in the living
1591 Park Road
room,
Phore:952.227.1300
Fax 952.227.1310
The upper level unit consisted of a living room, kitchen, bathroom and two
Senior center
bedrooms. The bedroom on the south side did not have a complying egress
Phone:952.227.1125
window; the bedroom to the north appeared to have a complying egress
Fax: 952.227,1110
window.
Web She
www.cl.chanhassen.mn.us These rental units are now required to be licensed in accordance with City
Code Chapter 10, Article VIL which was recently adopted. As part of the
licensing, the units must meet the requirements of the city's property
maintenance code. You will be receiving information in the mail in the near
future which will explain the licensing requirements and inspection process.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
t
Mr. Gary Carlson
February 12, 2003
Page 2
Until such time that these units receive licenses and inspection approval, the
three rooms identified above that do not have complying egress windows may
not be used as sleeping rooms. To do so is in violation of city code.
2) Dwelline units, north end of building
There are two dwelling units in the addition on the north end of the home.
Permits to construct the addition were obtained in 1996 and 1997. The
permits were given final approval in April of 1999. At the time of final
inspection, the lower and upper level portions of the addition were unfinished.
Since that time, both the upper and lower levels of the addition have been
finished, and are now dwelling units, with separate facilities for sleeping,
eating, cooking and sanitation. The work was completed without obtaining
the required permits. The construction does not meet the requirements of the
building code for a multi -family building, and the lower level dwelling unit
does not have complying egress windows. To occupy these units is a
violation of the building code.
Permit #0203322, which was issued to you on November 27, 2002, for
finishing the lower level, is hereby revoked in accordance with UBC Section
106.4.5. The permit was issued based on information that was incorrect and
therefore issued in error. Plans you submitted on January 31, 2003, cannot be
approved, as the use is in violation of zoning regulations as outlined below.
The lower level dwelling unit was vacant on January 28, 2003, and must
remain vacant until such time that it is in compliance with city code. The
dwelling unit on the upper level must be vacated by March 3, 2003, and must
remain vacant until such time that it too is in compliance with city code.
The zoning violations outlined below must be addressed before a
determination can be made as to what is required to bring the upper and lower
levels of the addition into compliance with the building code. I ask that you
schedule an inspection for March 3, 2003, to verify that the units have been
vacated as requested. You also must act within the same timeframe to resolve
the zoning violations. If you do not respond as requested, this matter will be
turned over to the City Attorney's Office for immediate action.
3) Zoning Violations:
You were given a letter from the city in 1988 stating that the two dwelling
units in your home were legal non -conforming. A legal non -conforming use
by city code cannot be expanded, intensified, replaced, structurally changed or
I
Mr. Gary Carlson
February 12, 2003
Page 3
replaced except to lessen the non -conformity. (City Code 20-72). It is my
interpretation that you have created a multi -family dwelling — a detached
building containing three (3) or more units (City Code 20-1). With the
addition to your non -conforming structure you are in violation of the city's
zoning ordinance. Your property is zoned Residential Single Family which
permits only one (1) Single Family detached dwelling unit.
You must immediately cease the renting of your additional units. Your only
relief from this requirement is to request a rezoning of your property (City
Code Section 20-42). It is unlikely the staff would support a one lot rezoning
in the middle of a single-family residential district. Or, you may request a
zoning appeal (City Code Section 20-28(2)) if you believe that there has been
an error in the decision or determination made by an employee. In this
instance, it was our interpretation of your dwelling as a multi -family dwelling
that is the violation of the city code.
Again, you must stop renting the additional dwelling units immediately.
Please contact me if you wish to pursue either option I have identified to
resolve the zoning issue. My telephone number is 952-227-1137. If you have
building code questions, contact Steve Torell at 952-227-1199.
Sincerely,
KOR. nson
Community Development Director
AvenB. ell
Building Official
pc: Roger Knutsen, City Attorney
Robert Reid, Building Inspector
Mark Littfin, Fire Marshal
Mr. Gregory Miller, Mansfield Tanick & Cohen P.A.
Property file: 3891 West Wd Street
@/safety/st/Itrs/OccupancyNiolations/3891 62' Street2
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❑ NOTE & FILE
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Distn0ute0 in Canada solely by V.W. Eimicke Ltd., Peteib mugR, Oraano
Tel. (705) 743-12 • Fax (705) 743-9994 PRINTED IN USA Form OA-4
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
Date: February 15, 2005
To: Development Plan Referral Agencies
From: Planning Department By: Josh Metzer, Planner I
Subject: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family
dwelling in Single -Family Residential (RSF) District located at 3891 West Vd Street, Gary and
Maureen Carlson.
Planning Case: 05-09
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on February 11, 2005. The 60day review period ends April 12, 2005.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on March 15, 2005 at 7:00 p.m. in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 4,
2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments:
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
£ Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6. U.S. Fish & Wildlife
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint/United)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Minnegasco
13. Other -
14. Other -
Location Map
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd St. W. 62nd St.
Subject Property
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Gary D. Carlson
3891 West 62nd St.
Excelsior, MN 55331
January 10, 2005
City of Chanhassen
Chanhassen City Council and Planning Commission
Re: Variance for two-family dwelling
Dear Sirs:
CITY OF CHANHASSEN
RECEIVED
FEB 1 1 2005
CHANHASSEN PLANNING DEPT
The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1).
There is demonstrated need based upon disability, age or financial hardship.
Our daughter Molly Carlson was born with Cerebral Palsy that has severely affected her
motor abilities. She is 22 years old and requires a full time caregiver which must be in
living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in
which Molly currently resides. These quarters are directly connected to Molly's living
area. They are currently occupied by her sister who is her county authorized Personal
Care Attendant. If for any reason her sister can no longer provide the services as her
PCA, this variance would allow someone else to live there and continue to meet Molly's
needs.
Also attached is a letter of further verification of Molly's disabilities from her county
developmental disabilities case manager.
Respectfully,
Carlson
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Community Social Services
Human Services Building
602 East Fourth Street
Chaska, Minnesota 55318-2102
Phone (952)36M600
Fax (952) 36I-1660
February 10, 2005
Chanhassen City Council
Chanhassen, MN 55317
RE: Molly Carlson
Dear Chanhassen City Council:
I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother
& court -appointed guardian..I am Molly's developmental disabilities case manager at
Carver County Social Services. Molly has been on my caseload since January of 2001. .
She is 22 years old and has -diagnoses of spastic quadriparetic cerebral palsy and
borderline intellectual functioning. Molly's physical disability requires that she have 24-
hour supervision and assistance for all of her activities of daily living & personal cares.
She requires the availability of a personal care attendanVcaregiver in close proximity of
her except for very brief periods of time.
If you have any questions for me, please obtain a signed release of information from
Molly's guardian. I can be reached at 952-361-1616. Thank you.
Sincerely,
Q�r
Deb Andersen
Developmental Disabilities Case Manager
Carver County Social Services
Equal Opportunity Employer SCANNED
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CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thomas J. Campbell (651) 452-5000
Roger N. Knutson
Thomas M. Scort Fax (651) 452-5550
Elliott B. Knetsch
Joel J. jamnik +++
Andrea McDowel' P^vehler ft eC Dial: (E51) 534- M
Matthew K. Brokl* .E-mw[Address: rkmtson ck-law.com
*Al. b..d m wi¢m,dn
March 31, 2003
Mr. Gregory M. Miller
Mansfield, Tanick & Cohen, P.A.
Attorneys at Law
1700 Pillsbury Center South
220 South Sixth Street
Minneapolis, MN 55402-4511
RE: GARY CARLSON PROPERTY / 3891 WEST 62ND STREET
Dear Mr. Miller:
John F. Kelly
Matthew J. Foli
Soren M. Mattick
Marguerite M. McCarron
Gina M. Brandt
I represent the City of Chanhassen. Steve Torell, the City's Building Official, asked
me to review the correspondence concerning the Gary Carlson property. The two
additional dwelling units that were created as a result of the 1996 addition to Mr.
Carlson's home violate the City's zoning ordinance. These areas within the home are
used as independent living quarters. If the violation continues, a citation will be issued.
RNK:srn
cc: Steve Torell, Building Official
BY:
Roger Is' Kndtsen
Chanhassen City Attorney
tj'gt
APR d 2003
CHANHASSEN INSPECTIM
Suite 317 • Eagandale Office Center 0 1380 Corporate Center Curve 6 Eagan, MN 55121
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INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
952-227-1180
INSPECTION FORS � `� +I/I— J 7-7 (Z:2677,(),44 TIME
TIME & DATE INSPECTION DESIRED
/�`
ADDRESS
rj�v + y V L ////[LQ�9�""' PERMIT NO.
ACA
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WATER METER NO. REMOTE
I110'.9tU10721
CORRECTIONS
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Make co ections as listed above and schedule a re-lKspection. YDu may not cover,
conceal or proceed with construction in any areas that require correction until
author zed by the building official.
a z 5 =sue 15/z OL
Date Time Inspector
i
JAN. 15. 2003 11:40AM
MANSFIELD TANICK CHN
NO. 990
P. 2
Mansfield Tanick @ Cohen P.A.
Attomays of Law
Via iaesiniiLe and U.S. Mail
Mr. Steven B. Torell
Building Official
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
January 15, 2003
Re: Mr. Gary Carlsollut
Dear Mr. Torell:
RECEIVED
JAN 15 2003
CNAMNASSEN INSPECTIONS
I am in receipt of a copy of your correspondence to Mr. Gary Carlson, dated January 7,
2003. Please direct future correspondence regarding this matter to my attention. I also have had
an opportunity to meet with Mr. Carlson to discuss the contents of the correspondence and the
improvements that have been made to the above referenced premises. He has asked that I
correspond with you (and hopefully we can discuss these matters telephonically as well)
regarding the resolution of your concerns.
It is important to note that in my conversations with Mr. Carlson, he made it clear that, at
no time, has he purposely attempted to mislead anyone regarding the improvements or the
occupancy of his property. He further was previously under the impression that he was in good
standing with his rentals and with the City regarding the improvements. He is obviously willing
to participate in any inspections or obtain any permits as may be necessary for the improvements.
Mr. Carlson acknowledges some delays in the inspection process as a result of the grave illness
of his father (who was residing at the premises) and who passed away a few weeks ago on
Christmas Eve.
I have attached, for your review, a copy of correspondence from the City of Chanhassen,
dated July 5, 1988, wherein the City acknowledged the existence of the rentals at the property
and grandfathered them in on certain conditions. It is of primary importance to note that Mr.
Carlson has not expanded or enlarged the rentals at his property. The two rental units remain as
they were on the date of the attached letter. Mr. Carlson has upgraded certain of the mechanicals
for the house. I believe that these two rental units are occupied by Mr. Rog -hair and Ms. Clapp.
As you are also aware, Mr. Carlson added an addition onto the premises in 1997. You
may not be aware that this addition was for the benefit of W. Carlson's handicap daughter,
Molly. The addition was built with handicap accessible facilities on the main floor. Molly
1700 Pillsbury Center South rel 612.339.4295 Aff xttoma;e rc=d in Mmneaxa.
220 South Sixth Street fax 612.339.3161 Am gTeha Vetmedm
Minneapol ;, MN 55402-4511 w .mansficldtanick.com COWAN, Do"=ofCommbb
fir'.4 New York arrd W=AJL .
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Mansfield Tanick ® Cohen PA,
AtWmeA at Caw
Mr. Steven B, 7orell
January 15, 2003
Page 2
requires a motorized wheel chair and special computer equipment for communication. Mr.
Carlson's other daughter Megan lives above Molly on the second story of the addition (together
with her husband) and assists with Molly's care. A family friend, Rose Fields also lived with my
client and assisted with Molly's care (Ms. Fields is in the process of moving).
As my client is willing to participate in any necessary inspection to determine the
conformity with applicable codes, I would request that your determination that the property is
"unsafe" be withdrawn. My client's only request is that the inspections be arranged in a manner
so as to not be intrusive or upsetting to Molly and the tenants, If the inspections could be
arranged one at a time we would greatly appreciate it. My client would also like to work with
you to determine which items remain to be completed from any previous inspection. -
I would appreciate the opportunity to discuss this matter telephonically at your earliest
convenience.
Very truly yours,
eMM/ld
Enclosure
CHANNASS� 1NSPE�'tQNS
CITY OF
rualumsarTa
1i11A111 doll
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227,1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227,1190
Engineering
Phone:952227.1160
Fax: 952.227.1170
Finance
Phone: 952227.1140
Fax 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227,1130
Fax: 952,227.1110
Public works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952,227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
January 6, 2005
Gary Carlson
3891 West 62nd Street
Excelsior, MN 55331
Re: Variance for two-family dwelling
Dear Mr. Carlson:
Your property is zoned Residential Single Family, RSF. The RSF district permits
one single-family dwelling unit per parcel. Previous inspection of your property
revealed the use of a single-family dwelling unit as a multi -family dwelling.
Chanhassen City Code defines a dwelling unit as follows:
Dwelling unit means one (1) or more rooms which are connected together
constituting complete, separate and independent living quarters, physically
separated from any other room or dwelling unit which may be in the same
building and containing permanent cooking, eating„ sleeping and sanitary
facilities for the exclusive use of a single family maintaining a household.
The City understands that you are entitled to two rental units as a result of
grandfathering; however that is not the issue. The dwelling units in question are
those contained in the home addition that was built in 1996-1997, which your
daughters live in. You made a verbal agreement with the City in early 2004 to
apply for a variance to allow a two-family dwelling in the RSF district. The
section of Chanhassen City Code pertaining to this issue is 20-59 and reads as
follows:
Sec. 20-59. Conditions for use of single-family dwelling as two-family
dwelling.
A variance for the temporary use of a single-family dwelling as a two-family
dwelling may only be allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial
hardship.
(2) The dwelling has the exterior appearance of a single-family dwelling,
including the maintenance of one (1) driveway and one (1) main entry.
(3) Separate utility services are not established (e.g. gas, water, sewer,
etc.).
(4) The variance will not be injurious to or adversely affect the health,
safety or welfare of the residents of the city or the neighborhood where the
property is situated and will be in keeping with the spirit and intent of this
chapter.
To date the City has not received a variance application. If a variance is not
applied for by January 28, 2005, this matter will be forwarded to the City
Attomey's Office for immediate action.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mansfield Tanick : Cohen P.A.
Attorneys at Law
March 29, 2004
Mr. Nathan Bouvet
City of Chanhassen
7700 Market Boulevard, P.O. Box 147
Chanhassen, MN 55317
Re: Gary Carlson Property
Dear Mr. Bouvet:
My client, Gary Carlson, has advised me of a conversation with a representative of your
department wherein a meeting of the concerned parties was discussed. Please provide to me
your availability to meet and how long you think the meeting should be. I will try to be flexible
in schedule such a meeting.
Thank you for your assistance in this matter.
cc. Gary Carlson
1700 Pillsbury Center South
220 South Sixth Street
Minneapolis, MN 55402-4511
Branch offoces in Saint Paul and
Saint Louis Park, Minnesota
Very truly yours,
MANSFIELD TANICI & COHEN, P.A.
egory M. Her
tel 612-339.4295
fax 612.339.3161
www.mansF,eldmnick.com
Member: lawyers Associated Worldwide (LAW) and Network of Leading Law Firms
RECEIVED
MAR 3 0 2U4
CITY OF CHANHASSEN
All autmeln lioensed in Minnesota.
Attorneys also hansednr
Califomla, Dis aofColumbia,
Illinois, New York and Wivanxin.
.Q.
Mansfield Tanick0Cohen P.A.
Attorneys at Low
March 19, 2004
Mr. Nathan Bouvet
City of Chanhassen
7700 Market Boulevard, P.O. Box 147
Chanhassen, MN 55317
Re: Gary Carlson Property
Dear Mr. Bouvet:
MAR 2004
CITY Of CI-IAanJJ-iAS;EN
My client, Gary Carlson, has forwarded to my office a copy of your March 12, 2004
correspondence wherein he is notified of a non -conforming use at his property in the City of
Chanhassen. Please direct all future correspondence to my attention.
You may not be aware, however, I corresponded with the City regarding this issue, and
even met with certain City officials and inspectors last year. That correspondence can be located
in Mr. Torrel's file.
Without recounting the minutia of this matter, the following are important facts:
1. Mr. Carlson is entitled to two rental units as a result of grandf ithering.
2. Mr. Carlson does not rent any other part of his house, except those areas which are
grandfathered.
3. The balance of the addition to Mr. Carlson's house is occupied by his two daughters. One
who is severely handicapped and requires constant attention (first floor), and the other
daughter who assists with the care of her sister (second floor).
The rooms located in the addition do not meet the definition as "dwelling units" as they
are not exclusive or independent. Additionally, except for the allowed rentals, all those residing
in the premises meet the City's definition of "family" for zoning purposes.
If you would like to discuss this matter further, I would be available at 612-339-4295.
Very truly yours,
MANSFIELD TANICK & COHEN, P.A.
ego ler
cc. Gary Carlson
1700 Pillsbury Center South
tel 612.339.4295
Al) amrng, kem .d In Mln.w,
220 South Sixth Street
fax 612.339.3161
A"omeysalsohcensedin
Minneapolis, MN 55402-4511
w .rnansfieldtanick.orn
Cnlitixnw, Oi:via ofCoJombio,
Illinois, New York and Wisconsin.
6
o
Bmach l%Inn in PoYIGnd
Saint Louis Pork, Minnesota
Member Lawyers Assadated Worldwide (LAW) and Network of Leading law Finns
March 12, 2004
Cll 1 OF Gary Carlson
CII►11TII�ppp3891 West 62nd Street
iiiillli SEN Excelsior, MN 55331
T700 Market Boulevard
PBox Re: Noncompliance with City Rental Licensing Code
Chanhassen, MNN 55317
Administration
Dear Mr. Carlson:
Phone: 952.227.1100
Faz:952.227.1110
Staff conducted an inspection of your property and discovered that it is not in compliance
Building Inspections
with City Code. This letter is to formally notify you that your property is in violation of
Phone.952.227.1180
the zoning ordinance.
Fax:952.227.1190
Engineering
Your property is zoned Residential Single Family, RSF. The RSF district permits one
Phone:952.227.1160
single-family dwelling unit per parcel. The City's definition of a dwelling unit is one or
Fax: 952.227.1170
more rooms which are connected together constituting complete, separate and
Finance
independent living quarters, physically separated from any other room or dwelling unit
Phone:952.2271140
which may be in the same building and containing permanent cooking, eating, sleeping
Fax:952.227.1110
and sanitaryfacilities for the exclusive use of a single family maintaining a household.
Park a Recreation
The inspection of your property revealed the use of a single-family dwelling unit as a
Phone: 952.227.1120
multi -family dwelling, as defined by the above definition. The structure is being used as
Fax:952.227.1110
a multi -family dwelling without a rental license and other approvals required by the city.
Recreation Center
2310 Coulter Boulevard
Phone:952.227.1400
Cease and desist rental operation in order to rectify this. You have the right to apply for a
Fax:952.227.1404
variance to allow a two-family dwelling in this district Sec. 20-59 Conditions for use of
single-family dwelling as two-family dwelling, and apply for a rental license.
Planning &
Natural Resources
Phone: 952.227.1130
If you believe this letter is written in error, or you believe your property is a legal
Fax:952.227.1110
nonconforming use, then you have the right to appeal this decision as stated in Sec. 20-28
Public works
Board of Zoning Adjustments and Appeals. Otherwise, you must cease and desist your
1591 Park Road
rental use immediately upon receipt of this letter.
Phone: 952.227,1300
Fax:952.227.1310
Thank you for your cooperation on this matter. Should you have any questions please
Senior center
feel free to contact me at 952-227-1132 or by email at nbouvet@ci.chanhassen.mn.us.
Phone. 952.227.1125
Fax:952.227.1110
Sincerely,
Web Site
www.ci.chanhassenninnus
�c \ v
Nathan Bouvet
Planning Department
c: Kate Aanenson, Community Development Director
gaplan1nb\rental Iicensing\3891 west 62nd streatclm
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mansfield Tanick a Cohen P.A.
Attorneys at Law
February 17, 2003
Via Facsimile and U.S. Mail
Mr. Steven B. Torell
Building Official
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Re: Gary Carlson Property
Dear Mr. Torell:
FEB 19 2003
CHANHASSENINSPEGMONS
Thank you for your correspondence dated February 12, 2003 regarding I& Carlson's
property. In reviewing the items discussed, it is apparent that certain clarification is
necessary, particularly regarding the designation of the property of a multi -family
dwelling. Obviously this designation has a significant impact upon the building codes
and other use issues related to the property.
Key to our discussion is the definition of "renting." Since Chanhassen acknowledges the
prior existence two rental units, and therefore the grandfathering of those units, it appears
the areas of the house that remain dispute relate to the addition where Mr. Carlson's
children reside. In your responsive voicemail to me on Thursday of last week you stated
that you were not concerned with whether the children were actually paying rent. It
appears that you are deeming this addition to be rental units primarily because of the
existence of separate bathrooms and kitchenettes. As stated previously, Mr. Carlson's
intention for the second level of the addition was always to house those who were helping
with the "in home" care of his handicap daughter, not as a rental.
In light of the above, it is apparent that Chanhassen approaches multi -housing issues
different from other cities. I would request that you assist me by providing copies of your
code relative to the definitions of "renting" and "multi -unit" buildings and the related
codes. Please also provide tome copies of any building code or zoning code that you
allege Mr. Carlson is in violation of.
Moreover, my client wants to stress that the Chanhassen inspectors were, in fact, on the
second floor of the addition while it was under construction and observed the
1700 Pillsbury Center South tel 612.339.4295 Allauarnrys lxeawdIn mnn.s .
220 South Sixth Street Fax 612.339.3161 - AnaniSs alwhad in
Minneapolis, MN 55402-4511 w .mansfieldtanickcom G6fomia, DisM¢a%Glumbia,
Illinois, New Yorkand WY ansln.
Bronrh o�rrs in Seint Paul and
Saint taws Park, Minncata Member. LowimAsodated Worldwide (LAM and Network of Leading Law Fimu
Mansfield Tanick 0 Cohen P.A.
Attorneys at Law
Mr. Torell
February 17, 2003
Page 2
improvements as built. I understand that the inspectors noted "O.K. to occupy" on one of
the inspection reports.
My client would like to find an alternate resolution to this issue, given the stated
requirement that Molly's home health care provider have to vacate the house. I believe a
meeting can be productive, however, in all fairness, a resolution that would require Mr.
Carlson's family members to vacate their house would be untenable.
I appreciate your ongoing assistance in this matter.
Very truly yours,
MANSFIELD TANIC & COHEN, P.A.
o . Mi r
GMWld
cc: Gary Carlson
.o .
Mansfield Tanick 0 Cohen P.A.
Attorneys at Law
Via Facsimile and U.S. Mail
Mr. Steven B. Torell
Building Official
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Re: Mr. Gary Carlson's Inspections
Dear Mr. Torell:
January 30, 2003
This letter is to follow up -our conversation earlier today wherein we discussed the
inspections that were conducted at the home of Gary Carlson. As we discussed, my client is
willing to take steps necessary to remediate those issues relative to the deficient permits.
Moreover, this letter is to confirm the usage of my client's property that we discussed earlier
today.
As we discussed, my client's addition includes three levels; basement, main floor and
second floor. The main floor is currently occupied by my client's disabled daughter, Molly. The
second floor is currently occupied by my client's other daughter and her husband. This daughter
participates in the care of Molly which, as you are probably aware, is a 24 hour care situation.
The basement of the addition is currently unoccupied and my client has no intentions of using the
space as a rental unit or bedroom space.
Currently, there are two occupied rental units in the property, both of which I understand
you had an opportunity to inspect and review.
Please advise me of the inspection reports and or letter of action that you may be
preparing and sending to Mr. Carlson. I would like to participate in this process through its
resolution.
I appreciate your ongoing assistance in this matter.
1700 Pillsbury Center South
220 South Sixth Street
Minneapolis, MN 55402-4511
8mnd, ohms in Saint Paul and
Sains Lours Pork. Minnesota
tel 612.339.4295
fae 612.339.3161
www. mansfieldtanick.com
Member. Lawyers Asooated Worldwide (LAW) and Network of Leading Law Firms
n,
69
doF
CT/O,s
Allmar'r Ii med in Minnesota.
Adome a also Ftensed in
Cofifamu, D3oict of Columba,
lllirab, New York and Wo oosin.
January 7, 2003
Mr. Gary Carlson
{ 3891 West 62' Street
4��M IV,I wOF ���� Excelsior, MN 55331
v1` uLii Dear Mr. Carlson,
77N Market Boulevard
PO Box 147 This letter is to inform you that the City of Chanhassen has reason to believe you
Chanhassen, MN L317 are renting portions of your home, located at the above address, to as many as
Administration four different tenants. We also have reason to believe that these tenant spaces do
Phone: 952227.1100 not comply with the building code and fire code requirements for a multi -family
Fax: 952.227.1110 dwelling. You have also performed work in your home without first obtaining the
Building Inspections required permits from the city and you then provided false information on plans
Phone:952.227.1180 submitted for the purpose of obtaining said permits.
Fax: 952.227.1190
Engineering The use of your home in this fashion, and the non -permitted building alterations,
Phone:952.227.1160 is in violation of Chanhassen City Code and the Uniform Building Code, sections
Fax:952.227.1170 102, 104.2.5 and 106.1. The home is therefore determined to be unsafe. The use.
Finance of your home as a multi -family dwelling is hereby ordered to be discontinued.
Phone:952.227.1140 All residents occupying dwelling units in the home, which are found to be in
Fax 952.227.1110 violation, must vacate the building no later than February 3, 2003. Occupancy of
Park & Recreation these dwelling units will not be allowed until such time as the building is -
Phone: 952.227.1120 determined to be in compliance with all the requirements of the Chanhassen City
Fax 952.227.1110 Code and the Minnesota State Building Code,
Aeraeation Center
2310 Coulter Boulevard You must contact me by January 15, 2002, to schedule inspections of the building
Phone:
952.227.1404o to determine which areas of the home are in violation and to verify that this order
Fax 952.227.1404
has been complied with. You must also notify any affected tenants. Failure to
Planning & comply in the given timeframe will result in this matter being forwarded to the
Natural Resources ,
Phone:952.227.1130 City Attorneys Office for immediate action;:_ I .can U.e. reached.at 952-227-1199,
Fax 952.227.1110
Public Works Sincerely,
1591 Park Road
Phane: 952227.13W /^
Fax 952.227,1310
Senior Center Ste n . T re
Phone: 952227.1125 Building Official
Fat: 952.227.1110
Web site CC: Kate Aanenson, Community Development Director
www.ci.chanhissen.mn.us Mark Llttfin, Fite Marshal
Bob Reid, Building Inspector
Roger Knutson, City Attorney
Suspected tenants: Alan & Megan Moore, Rose Fields, Lee Roghair, Clapp
Property file: 3891 62nd Street
g:/safety/br/gary carlson l
The City at Chanhassen • A growing community with clean lakes, qualityschools, a charming downtown, ihriving businesses, winding trails, and beaulilul parks. A goat place to live, work, and play.
City of Chanhassen Complaint Form
fiW
C
Date Received:, 0/ 1 S /b �i I
Received by: S I Review Date:
omplainant Information
I ZSL
Address I City
Home
Last First Middle D013
Ca �S ova
Address ��� (t✓. n� City �G �4 SS e \ State Ztp
Home Phone Work Phone Email Address
Complaint Information
Type of Complaint
Location
Nuisance, Misc.
Animal
Debris
Storage
Btu ing Cod
Fire Code
Noise
Criminal
Parking
Traffic
Action Taken/Comments:
E
u
1014)
Please check a0propriate box:
Advisory Letter Certified Letter Certified Notice
Referred to Street Dept. Referred/City Attorney 7 Citation Issued
Referred to CCSO Referred to Engineering Referred to Utilities
Meeting
Other:
Resolution/Result:
Voluntary Compliance 2_ Action Pending
Other:
No Further Action
Phone Call
Warning Tag
In -Person
Court Referral
Date entered into computer
e/safety/insp/fomt/Complaint Form
PROPERTY MAINTENANCE INSPECTION REPORT
Date 8/20/2003
Address 13891 WEST 62ND STREET Aptartment Number F license Number 00-00036
Exterior Property Area
All exterior property areas must be maintained in a clean, safe and sanitary condition. Building material
not allowed to be stored outside.
Exterior Structure
Interior Structure
2nd floor rental unit -complying handrail required at stairs, kitchen DWV must be vented, ABS and PVC
must have complying connections, master bedroom requires egress window.
Basement rental unit -Okay. NOTE: ALL SLEEPING ROOMS REQUIRE A MEANS OF EGRESS.
Rubbish and Garbage -
Building materials not allowed to be stored outside.
Extermination
Conduct on Premises
Okay.
Miscellaneous
All sleeping rooms require a means of egress
Complying ( Non -Complying
page_ of
ChanhassenMultiple Dwelling Inspection Date AUGUST 20, 2003
Complex Name GARY CARLSON RESIDENCE
Address 3891 WEST 62ND STREET
Contact GARY CARLSON
# Buildings Total # units Year built
LOCATION UNIT#
X REQUIRES IMMEDIATE ACTION
Inspector # units Refer to
Accompanied by
Occasion
Date
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CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO.05-09
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, March 15, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen
City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an after -the -
fact variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family
Residential (RSF) District located at 3891 West 62°d Street. Applicant: Gary and Maureen
Carlson.
A plan showing the location of the proposal is available for public review at City Hall
during regular business hours. All interested persons are invited to attend this public hearing and
express their opinions with respect to this proposal.
Josh Metzer, Planner I
Email: imetzer@ci.chanhassen.mn.us
Phone: 952-227-1132
(Publish in the Chanhassen Villager on March 3, 2005)
SCANNED
CITY OF CHANHASSEN CITY OF CHANHASSEN
7700 MARKET BOULEVARD RECEIVED
CHANHASSEN, MN 55317
(952) 227-1100 FEB 1 1 2005
VELOPMENT REVIEW APPLICAT CHANHA N LANNINGDEPT
ry l
APPLICANT: C. (< I �( � Sc N OWNER: e/ ' G v ✓ f T nJ
ADDRESS: 1Q—IQc� /� ADDRESS:
>( -f if //1AJ 31
TELEPHONE (Day Time) SLEPHONE:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of Right-of-Way/Easements
Interim Use Permit
Variance
Non -conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site Plan Review*
X Escrow for Filing Fees/Attorney Cost'
- $50 CUP/SPRNACNAR/WAP/MeteS & Bounds
- $400 Minor SUB
Subdivision*
TOTAL FEE $
Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included
with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be
invoiced to the applicant.
If you would like the City to provide mailing labels, check this box t1
Building material samples must be submitted with site plan reviews.
*Twenty-six (26) full-size folded copies of the plans must be submitted, including an 61/2" X 11" reduced copy for
each plan sheet.
"Escrow will be required for other applications through the development contract.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
SCANNED
PROJECT NAME: 0_0,V-t 5 J '`J v 6-V %) a'v e-
LOCATION: O 9 � � So � ti c, �
LEGAL DESCRIPTION:
TOTAL ACREAGE: -5 • 5 Cl C — r- -:>
WETLANDS PRESENT: YES V NO
PRESENT ZONING: S
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION: A / d [` ko — s -c ,
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: / a (I O w In �y d r) T- �� A-
I c `'\ (I V Y Y� P v _� c r S am Gt tr c Gt t 1 r v d`n, j
G S i ! a.v C -t r
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
i
Signatur of Applicant
Signature of Fee Owner
Application Received on Fee Paid
V�414 - V 5
Date
Date
Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
GAplan\forn s\Development Review Appliwtion.DOC
C - a
Gary D. Carlson
3891 West 62°a St.
Excelsior, MN 55331
January 10, 2005
City of Chanhassen
Chanhassen City Council and Planning Commission
Re: Variance for two-family dwelling
Dear Sirs:
CITY OF CHANHASSEN
RECEIVED
FEB 1 1 2005
CHANHASSEN PLANNING DEPT
The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1).
There is demonstrated need based upon disability, age or financial hardship.
Our daughter Molly Carlson was born with Cerebral Palsy that has severely affected her
motor abilities. She is 22 years old and requires a full time caregiver which must be in
living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in
which Molly currently resides. These quarters are directly connected to Molly's living
area They are currently occupied by her sister who is her county authorized Personal
Care Attendant. If for any reason her sister can no longer provide the services as her
PCA, this variance would allow someone else to live there and continue to meet Molly's
needs.
Also attached is a letter of further verification of Molly's disabilities from her county
developmental disabilities case manager.
Respectfully,
4&AZZ•C &14fht7J'L
Carlson
SCAI`4NED
tva'S0 y�!r
v
CXWcounty
185S-2005
Community Social Services
Human Services Building
602 East Fourth Street
Chaska, Minnesota 55318-2102
Phone (952)361-1600
Fax (952)361-1660
February 10, 2005
Chanhassen City Council
Chanhassen. MN 55317
RE: Molly Carlson
Dear Chanhassen City Council:
I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother
& court -appointed guardian. -I am Molly's developmental disabilities case manager at
Carver County Social Services. Molly has been on my case load since January of 2001. .
She is 22 years old and has diagnoses of spastic quadriparetic cerebral palsy and
borderline intellectual functioning. Molly's physical disability requires that she have 24-
hour supervision and assistance for all of her activities of daily living & personal cares.
She requires the availability of a personal care attendant/caregiver in close proximity of
her except for very brief periods of time.
If you have any questions for me, please obtain a signed release of information from
Molly's guardian. I can be reached at 952-361-1616. Thank you.
Sincerely,
k�� a"Q
Deb Andersen
Developmental Disabilities Case Manager
Carver County Social Services
Foul 00pormiry Employer SCANNED
Printed on 30% Pan -Consumer Recycled Paper
!1. 15. 2003 11:40AM
MANSFIELD TANICK CHN
July 5, 1988
CITY OF
CHANHASSEN
$90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNES07A 55317
(512) 937-1900
Mr, Gary Carlson
3831 West 62nd Street
Excelsior, MN 55331
Dear Mr. Carlson,
It is my understanding that you
your home since 1982. Section
states that nonconforming uses
1987 may continue if not expand
also provides that nonconformin
altered if the "livability" of
be advised though that if you d
the home for one year, you cant
Should you need further inf
me.
tea. .A4
BD/ca r.......: :.: a
„Zir ���•r.G,'�.:.ti.?...r�,w`.'.`T4C�` - ..3.,+M+',Y,. ui... � � .
Barbara Dacy
City Planner
RECEIVED
JAN 15 2003
C%IiASSEN 1%,ECTIONS
have been renting a portion of
Qr71 or the Chanhassen City Code
,sting prior to February 19,
d.,o�r enlarged. Section 20-74 (b)
r4sidential units may be
he 'knits is improved. Please
scontinue renting a portion of
t r•stablish the rental unit.
ion, tilease feel free to contact
7700 Madu:t Boulevard
PO Box147
Chanhassen, MN 55317
Administrallon
Phone: 952.227.1100
Far 952.227.1110
Building Inspections
Phone: 952.227.11 SO
Fax: 952.227.1190
Engineering
Phone:952M7.1160
Fax: 952.227.1170
Finance
Phone:952.227.1140
Fax 952.227.1110
Park & Recreation
Phone:952227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phoner 952.227.1400
Fax 952.227.1404
Planning &
Natural Resources
Phone:952227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952227.1300
Fat 952.227.1310
February 12, 2003
Mr. Gary Carlson
f t : 3891 West 62nd Street
Excelsior, MN 55331
Senior Center
Phone: 952.227.1125
Fax:952.227.1110
Dear Mr. Carlson,
Thank you for the opportunity to conduct an inspection of your home on
January 28, 2003. I have also received a letter from your attorney dated
January 30, 2003, which describes the use of your home. The code issues
involving your home will be addressed in three parts: 1) Existing rental
dwelling units on the south end of the building; 2) Dwelling units in the
addition on the north end of the home; and, 3) Zoning Violations.
1) Rental dwelling units: south end of building:
The two dwelling units on the south end of your home have been rented to
tenants since approximately 1982. In 1988 the city determined that this: use,
although non -conforming, could continue if the use was not expanded or
enlarged.
During the inspection, I found that the lower level unit had a living room,
kitchen, bathroom and two moms that appeared to be bedrooms on the west
side of the unit. These zooms did not have complying egress windows. There
were no beds in these "rooms, the bed was located. in the living room, where
you stated the tenant sleeps, The entrance/exit door was located in the living
room.
The upper level unit consisted of a living room, kitchen, bathroom and two
bedrooms. The bedroom on the south side did not have a complying egress
window; the bedroom to the north appeared to have a complying egress
window.
Web Site
www.ci.chanhassen.mn.us These rental units are now required to be licensed in accordance with City
Code Chapter 10 Article VII, which was recently adopted. As part of the
licensing, the units must meet the requirements of the city's property
maintenance code. You will be receiving information in the mail in the near
future which will explain the licensing requirements and inspection process.
The City of Chanhassen • A, growing community with clean lakes, puality schools, 3 charming downtown, thriving businesses, winding trails. and beautiful parks. A grut place to live, work, and play.
Mr. Gary Carlson
February 12, 2003
Page 2
Until such time that these units receive licenses and inspection approval, the
three rooms identified above that do not have complying egress windows may
not be used as sleeping rooms. To do so is in violation of city code.
2) Dwelline units, north end of buildine:
There are two dwelling units in the addition on the north end of the home.
Permits to construct the addition were obtained in 1996 and 1997. The
permits were given final approval in April of 1999. At the time of final
inspection, the lower and upper level portions of the addition were unfinished.
Since that time, both the upper and lower levels of the addition have been
finished, and are now dwelling units, with separate facilities for sleeping,
eating, cooking and sanitation. The work was completed without obtaining
the required permits. The construction does not meet the requirements of the
building code for a multi -family building, and the lower level dwelling unit
does not have complying egress windows. To occupy these units is a
violation of the building code.
Permit #0203322, which was issued to you on November 27, 2002, for
finishing the lower level, is hereby revoked in accordance with UBC Section
106.4.5. The permit was issued based on information that was incorrect and
therefore issued in error. Plans you submitted on January 31, 2003, cannot be
approved, as the use is in violation of zoning regulations as outlined below.
The lower level dwelling unit was vacant on January 28, 2003, and must
remain vacant until such time that it is in compliance with city code. The
dwelling unit on the upper level must be vacated by March 3, 2003, and must
remain vacant until such time that it too is in compliance with city code.
The zoning violations outlined below must be addressed before a
determination can be made as to what is required to bring the upper and lower
levels of the addition into compliance with the building code. I ask that you
schedule an inspection for March 3, 2003, to verify that the units have been
vacated as requested. You also must act within the same timeframe to resolve
the zoning violations. If you do not respond as requested, this matter will be
turned over to the City Attorney's Office for immediate action.
3) Zoning Violations:
You were given a letter from the city in 1988 stating that the two dwelling
units in your home were legal non -conforming. A legal non -conforming use
by city code cannot be expanded, intensified, replaced, structurally changed or
Mr. Gary Carlson
February 12, 2003
Page 3
replaced except to lessen the non -conformity. (City Code 20-72). It is my
interpretation that you have created a multi -family dwelling — a detached
building containing three (3) or more units (City Code 20-1). With the
addition to your non -conforming structure you are in violation of the city's
zoning ordinance. Your property is zoned Residential Single Family which
permits only one (1) Single Family detached dwelling unit.
You must immediately cease the renting of your additional units. Your only
relief from this requirement is to request a rezoning of your property (City
Code Section 20-42). It is unlikely the staff would support a one lot rezoning
in the middle of a single-family residential district. Or, you may request a
zoning appeal (City Code Section 20-28(2)) if you believe that there has been
an error in the decision or determination made by an employee. In this
instance, it was our interpretation of your dwelling as a multi -family dwelling
that is the violation of the city code.
Again, you must stop renting the additional dwelling units immediately.
Please contact me if you wish to pursue either option I have identified to
resolve the zoning issue. My telephone number is 952-227-1137. If you have
building code questions, contact Steve Torell at 952-227-1199.
Sincerely,
Kathryn R. nson
Community Development Director
S ven B. Torell
Building Official
pc: Roger Knutsen, City Attorney
Robert Reid, Building Inspector
Mark Littfin, Fire Marshal
Mr. Gregory Miller, Mansfield Tanick & Cohen P.A.
Property file: 3891 West 62°d Street
g/safety/st/Itrs/occupancyNiolations/3891 62n' Street2
PROPERTY INFORMATION
Complex Name PRIVATELY OWNED
Company/Owners Name IGARY CARLSON
Last Name �CARLSON First Name GARY .Initial
Address 13ogi WEST 62ND STREET
Cry EXCELSIOR ....� State MN i Zip Cod 55331- '
Work Phone (952) 474-3354 Fax Number Email Address
Notes
family home w/2 rental units, upper unit and basement unit 3 car attached garage, with carport- 2
hed garages. 2 story storage shed. 1 story shed. Playhouse. 2 horse stables/bams. Main building has 5
ate kitchen areas for 5 inividual living areas. Owner occupies one living area, daughter occupies one living
one living area for guests, 2 living areas are rental dwelling units.
Property Manager Name GARY CARISON __ _ _
Property Manager Phone(952) 4743354
Rental Space Address r3891 WEST 62ND STREET Apt. # 7
city 1EXCELSIOR State MN _ Zip Cod 55331-
Tenant Phone
Tenant Fax Number
Tenant Email Name
Date of Inspection
DateIssued
Notes
8/20/2003:
acres. Horses.
License Number r 00-00036
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RECEIVED
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1 1 2005
CHANHASSEN PLANNING DEPT -
SCANNED
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
Date: February 15, 2005
To: Development Plan Referral Agencies
From: Planning Department By: Josh Metzer, Planner I
Subject: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family
dwelling in Single -Family Residential (RSF) District located at 3891 West 62°d Street, Gary and
Maureen Carlson.
Planning Case: 05-09
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on February 11, 2005. The 60day review period ends April 12, 2005.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on March 15, 2005 at 7:00 p.m in
the Council Chambers at Chanhassen City Hail. We would appreciate receiving your comments by no later than March 4,
2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments:
a. City Engineer
b. City Attorney
C. City Park Director
d. Fire Marshal
e. Building OMcial
f. Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6. U.S. Fish & Wildlife
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint(United)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Minnegasco
13. Other -
14. Other-
Location Map
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd St.
W. 62nd Sr.
Subject
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Gary D. Carlson
3891 West 62nd St.
Excelsior, MN 55331
January 10, 2005
City of Chanhassen
Chanhassen City Council and Planning Commission
Re: Variance for two-family dwelling
Dear Sirs:
CITY OF CHANHASSEN
RECEIVED
FEB 1 1 2005
CHANHASSEN PLANNING DEPT
The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1).
There is demonstrated need based upon disability, age or financial hardship.
Our daughter Molly Carlson was born with Cerebral Palsy that has severely affected her
motor abilities. She is 22 years old and requires a full time caregiver which must be in
living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in
which Molly currently resides. These quarters are directly connected to Molly's living
area. They are currently occupied by her sister who is her county authorized Personal
Care Attendant. If for any reason her sister can no longer provide the services as her
PCA, this variance would allow someone else to live there and continue to meet Molly's
needs.
Also attached is a letter of further verification of Molly's disabilities from her county
developmental disabilities case manager.
Respectfully,
G Carls,/
7our a arlson
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Molly Carlson
SCANNED
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Community Social Services
Human Services Building
602 East Fourth Street
Chaska, Minnesota 55318-2102
Phone (952)361-1600
Fax (952)361-1660
February 10, 2005
Chanhassen City Council
Chanhassen, MN 55317
RE: Molly Carlson
Dear Chanhassen City Council:
RECEIVED
FEB 11 2005
CITY OF CHANHASSEN
I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother
& court -appointed guardian. I am Molly's developmental disabilities case manager at
Carver County Social Services. Molly has been on my case load since January of 2001. .
She is 22 years old and has diagnoses of spastic quadriparetic cerebral palsy and
borderline intellectual functioning. Molly's physical disability requires that she have 24-
hour supervision and assistance for all of her activities of daily living & personal cares.
She requires the availability of a personal care attendant/caregiver in close proximity of
her except for very brief periods of time.
If you have any questions for me, please obtain a signed release of information from
Molly's guardian. I can be reached at 952-361-1616. Thank you.
Sincerely,
kl�,
Deb Andersen
Developmental Disabilities Case Manager
Carver County Social Services
Equal Opportunity Employer SCANNED
Printed on 30% Past -Consumer Recycled Pooer
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CITY OF CHANHASSEN
RECEIVED
FE9 1 1 2005
CHANHASSEN PLANNING DEFT -
SCANNED
Mr. Gary C
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JEFFREY R BE & LAUREANA VOUNG BOUALOUANG BRIAN R CARLSON
DENISNISE E ZOEL LL3884 MEADOW LN 3828 MEADOW CT
385E MEADOW LNN M
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
GARY CARLSON
3891 62ND ST W
EXCELSIOR MN 55331
DAVID C & LISA A GAUPP
3870 MEADOW LN
EXCELSIOR MN 55331
MARK F MACPHERSON
6301 CARTWAY LN
EXCELSIOR MN 55331
RALPH A & SHIRLEY A NELSON
3800 MEADOW LN
EXCELSIOR MN 55331
CITY OF SHOREWOOD
5755 COUNTRY CLUB RD
EXCELSIOR MN 55331
RICH SLAGLE
7411 FAWN HILL ROAD
CHANHASSEN MN 55317
MEGAN J CARLSON
C/O GARY & MAUREEN CARLSON
3891 62ND ST W
EXCELSIOR MN 55331
JEFFREY F JEW ISON &
LISA J W ECKW ERTH
3842 MEADOW CT
EXCELSIOR MN 55331
WILLIAM J & KAKI L MCREAVY
3790 MEADOW LN
EXCELSIOR MN 55331
ROBIN S O'MEARA
3814 MEADOW CT
EXCELSIOR MN 55331
PETER ALEXANDER THOMSON &
CYNTHIA L GESS
4001 ASTER TRL
EXCELSIOR MN 55331
DALE H COLLINS
10758 130TH ST
EXCELSIOR MN 55331
DALE E & LINDA J KEEHL
3841 62ND ST W
EXCELSIOR MN 55331
PATRICK L & BONNIE C MONAHAN
3801 MEADOW LN
EXCELSIOR MN 55331
KATHY A SCHURDEVIN
3921 ASTER TRL
EXCELSIOR MN 55331
TERRANCE LANE TOLL
6250 CARTWAY LN
EXCELSIOR MN 55331
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
Date: February 15, 2005
To: Development Plan Referral Agencies
From: Planning Department By: Josh Metzer, Planner I
Subject: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family
dwelling in Single -Family Residential (RSF) District located at 3891 West 62°d Street, Gary and
Maureen Carlson.
Planning Case: 05-09
The above described application for approval of a land development proposal was fled with the Chanhassen Planning
Department on February 11, 2005. The 60-day review period ends April 12, 2005.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on March 15, 2005 at 7:00 p.m. in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 4,
2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
City Departments:
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
f. Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6. U.S. Fish & Wildlife
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint/United)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Minnegasco
13. Other -
14. Other -
Location Map
Carlson Variance Request
3891 West 62nd Street
Planning Case No. 05-09
W. 62nd St. W. 62M St
Subject Property
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Application for Variance to allow a two family dwelling in the RSF district
Conditions for us to use our single family dwelling as a two family dwelling:
To allow my adult disabled daughter to have her personal care attendant available
to provide the 24 hour assistance that she requires to remain in her home.
Our dwelling will not change in outside appearance and our driveway will not
change.
Utilities will not change.
There will be no effect to residents of our city or my neighborhood.
SCANNED
List of property owners within 500 feet of property
boundary
North
West
South
East
Hennepin County Railroad Authority
City of Shorewood
Kathy Schurdevin
3921 Aster Trail
Excelsior, MN 55331
Mark Macpherson
600 3`d Ave.
Excelsior, MN 55331
Dale Keehl
3841 West 62°d St.
Excelsior, MN 55331
Terry Toll
6250 Cartway Lane
Excelsior, MN 55331
SCANNED
*ETAIL W/GL DIST RECEIPT REPORT
Date: 02/15/05
FROM 00/00/0000 To 02/15/2005 Time: 12:08pm
City of Chanhassen Page: 1
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Receipt i Drawer Post Date User Name Notes Customer Name Change Receipt Total Stat
----------------------------------------------------------------------------------------------------------------------------------------------------
5777 EE 01/24/2005 BETTY VARIANCE 3891 W 62ND ST GARY CARLSON 0.00 250.00 W
Receipt Type: DEVAP 3891 W 62ND ST Line Amount 250.00
GL Note: USE & VARIANCE GL Number: 101-1420-3602 Bank Code: CBA Amount: 200.00
GL Note: RECORDING PEES GL Number: 101-1420-3605 Bank Code: CRA Amount: 50.00
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Receipt Total 250.00
Tender Information:
Amount Code Description Reference
250.00 E Check 15613
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250.00 Total Tendered
0.00 Change
250.00 Receipt Total
Cash Drawer BE Subtotal: 250.00
Grand Total (excl. voids): 250.00